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CODE TITLES WITH THEIR VOLUME NUMBERS 



Volume 1. 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 

5. Amusements and Athletic Contests. 

6. Animals. 



7. 


Appeals. 


8. 


Banking, Commercial Paper and Fi- 




nance. 


9. 


Boards and Commissions. 


10. 


Civil Remedies and Procedure. 


11. 


Contracts and Agency. 


12. 


Corporations. 




Volume 2. 


13. 


Cotton. 


14. 


Counties. 


15. 


Courts. 


16. 


Crimes and Offenses. 


17. 


Criminal Procedure. 


18. 


Dams and Drains ; Sanitary and 




Drainage Commissions and Dis- 




tricts. 


19. 


Decedents' Estates. 


20. 


Domestic Relations. 



Volume 3. 

21. Education. 

22. Educational Institutions. 

23. Elections. 

24. Electricity. 

25. Eminent Domain. 

26. Evidence. 

27. Fees and Costs. 

28. Fish, Game, etc. 

29. Forestry. 

30. General Assembly. 

31. Guardian and Ward. 

32. Health. 

Volume 4. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants 

and Tourist Camps. 



36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United 

States. 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans' 

Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

Volume 5. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners 

of Deeds. 

50. Officers and Employees. 

51. Parks and Playgrounds. 

52. Partnerships and Joint Stock Com- 

panies. 

53. Peace Officers. 

54. Ports and Maritime Matters. 

55. Prisons and Other Methods of Cor- 

rection. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 

Volume 6. 

59. Public Works and Certain Public Au- 

thorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special 

Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 

BUREAU OF PUEL!3 ION 

UNIVERSITY OF 

COLUMBIA 



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in 2011 with funding from 

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CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



IN EIGHT VOLUMES 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



VOLUME 2 



THE MICHIE COMPANY 
Charlottesville, Va. 

THE LAWYERS CO-OPERATIVE PUBLISHING CO. 
Rochester, N. Y. 

1952 



Copyright 1952 

by 

The State of South Carolina 



Table of Contents 



VOLUME 2 



Title 13. 
Cotton. 

Chapter Page 

1. General Provisions, §§ 13-1 to 13-4 1 

2. Weighers and Weighing, §§ 13-101 to 13-275 2 

3. Sales Generally, §§ 13-301 to 13-356 31 

Title 14. 
Counties. 

1. General Provisions, §§ 14-1 to 14-21 42 

2. Boundaries of Existing Counties, §§ 14-51 to 14-96 48 

3. Change of Boundaries, §§ 14-101 to 14-1 10 79 

4. Creation of New Counties and Consolidation of Counties, §§ 14-151 

to 14-166 82 

5. County Boards of Commissioners, §§ 14-201 to 14-210 88 

6. County Supervisors, §§ 14-251 to 14-258 90 

7. County Officers Generally, §§ 14-301 to 14-329 93 

8. County Planning, §§ 14-351 to 14-399.6 104 

9. Claims against Counties, §§ 14-401 to 14-430 118 

10. Borrowing in Anticipation of Taxes in Certain Counties, §§ 14-451 

to 14-471 128 

11. Certificates of Indebtedness, §§ 14-501 to 14-509 135 

11.1. The County Bond Act, §§ 14-511 to 14-529 137 

12. Borrowing from Federal Agencies and Others in Certain Counties, 

§§ 14-551 to 14-560 141 

13. Buildings and Lands Generally, §§ 14-601 to 14-607 145 

14. County Fairs and Fair Associations, §§ 14-651 to 14-687 147 

15. Abbeville County, §§ 14-701 to 14-733 151 

16. Aiken County, §§ 14-751 to 14-785 156 

17. Allendale County, §§ 14-801 to 14-841 162 

18. Anderson County, §§ 14-851 to 14-8S8 167 

19. Bamberg County, §§ 14-901 to 14-921 176 

20. Barnwell County, §§ 14-951 to 14-973 180 

21. Beaufort County, §§ 14-1001 to 14-1017 185 

iii 



iv Table of Contents 

Chapter Page 

22. Berkeley County, §§ 14-1051 to 14-1082 190 

23. Calhoun County, § 14-1101 196 

24. Charleston County, §§ 14-1151 to 14-1294 196 

25. Cherokee County, §§ 14-1301 to 14-1342 216 

26. Chester County, §§ 14-1351 to 14-1382 226 

27. Chesterfield County, §§ 14-1401 to 14-1494 234 

28. Clarendon County, §§ 14-1501 to 14-1533 248 

29. Colleton County, §§ 14-1551 to 14-1637 255 

30. Darlington County, §§ 14-1651 to 14-1723 269 

31. Dillon County, §§ 14-1751 to 14-1796 279 

32. Dorchester County, §§ 14-1801 to 14-1S24 287 

33. Edgefield County, §§ 14-1851 to 14-1857 291 

34. Fairfield County, §§ 14-1901 to 14-1919 294 

35. Florence County, §§ 14-1951 to 14-1971 298 

36. Georgetown County, §§ 14-2001 to 14-2044 303 

37. Greenville County, §§ 14-2051 to 14-2177 311 

38. Greenwood County, §§ 14-2201 to 14-2233 331 

39. Hampton County, §§ 14-2251 to 14-2269 335 

40. Horry County, §§ 14-2301 to 14-2356 340 

41. Jasper County, §§ 14-2401 to 14-2428 347 

42. Kershaw County, §§ 14-2451 to 14-2503 351 

43. Lancaster County, §§ 14-2551 to 14-2589 358 

44. Laurens County, §§ 14-2601 to 14-2609 365 

45. Lee County, §§ 14-2651 to 14-2664 367 

46. Lexington County, §§ 14-2701 to 14-2764 371 

47. Marion County, §§ 14-2801 to 14-2821 383 

48. Marlboro County, §§ 14-2851 to 14-2885 389 

49. McCormick County, §§ 14-2901 to 14-2913 395 

50. Newberry County, §§ 14-2951 to 14-2997 398 

51. Oconee County, §§ 14-3001 to 14-3041 408 

52. Orangeburg County, §§ 14-3051 to 14-3115 414' 

53. Pickens County, §§ 14-3151 to 14-3172 424 

54. Richland County, §§ 14-3201 to 14-3245 426 

55. Saluda County, §§ 14-3251 to 14-3260 431 

56. Spartanburg County, §§ 14-3301 to 14-3362 433 

57. Sumter County, §§' 14-3401 to 14-3422 444 

58. Union County, §§ 14-3451 to 14-3535 450 

59. Williamsburg County, §§ 14-3551 to 14-3584 458 

60. York County, §§ 14-3601 to 14-3652 463 

Title 15. 
Courts. 

1. General Provisions, §§ 15-1 to 15-15 475 

2. The Supreme Court, §§ 15-101 to 15-164 480 

3. The Circuit Courts, §§ 15-201 to 15-305 497 

4. The Probate Courts, §§ 15-401 to 15-525 525 



Code of Laws of South Carolina v 

Chapter Page 

5. The County Courts, §§ 15-601 to 15-830 548 

6. Municipal Courts, §§ 15-901 to 15-1073 595 

7. Juvenile and Domestic Relations Courts in Certain Counties, 

§§ 15-1101 to 15-1276 619 

7.1. Domestic Relations Court of Laurens County, §§ 15-1281 to 15-1296 656 

8. Children's Courts, §§ 15-1301 to 15-1428 659 

9. Courts of the City of Charleston, §§ 15-1501 to 15-1580 684 

9.1. The Civil Court of Darlington County, §§ 15-1581 to 15-1599.3 701 

10. The Civil Court of Florence, §§ 15-1601 to 15-1619 705 

11. Clerks of Court, §§ 15-1701 to 15-1787 709 

12. Masters, §§ 15-1801 to 15-1828 725 

13. Stenographers, Auctioneers, Bailiffs and Other Court Attaches, 

§§ 15-1901 to 15-1942 733 

Title 16. 
Crimes and Offenses. 

1. Accessories, §§ 16-1 to 16-2 743 

2. Offenses Against the Person. §§ 16-51 to 16-95 744 

3. Offenses Against the Peace, §§ 16-101 to 16-162 761 

4. Offenses Against Public Justice, §§ 16-201 to 16-235 771 

5. Offenses Against Property, §§ 16-301 to 16-394 778 

6. Offenses Against Morality and Decency, §§ 16-401 to 16-415 805 

7. Offenses Against Public Policy, §§ 16-501 to 16-572 812 

8. Subversive Activities Registration Act, §§ 16-581 to 16-589 829 

Title 17. 
Criminal Procedure. 

1. General Provisions, §§ 17-1 to 17-2 833 

2. Coroners and Inquests on the Dead, §§ 17-51 to 17-157 834 

3. Extradition, §§ 17-201 to 17-207 853 

4. Process and Arrest, §§ 17-251 to 17-263 855 

5. Bail and Recognizances, §§ 17-301 to 17-316 860 

6. Habeas Corpus, §§ 17-351 to 17-369 866 

7. Indictments, §§ 17-401 to 17-410 871 

8. Venue, §§ 17-451 to 17-457 879 

9. Pleading and Trial, §§ 17-501 to 17-514 882 

10. Judgment and Execution, §§ 17-551 to 17-581 887 

Title 18. 
Dams and Drains; Sanitary and Drainage Commissions and Districts. 

1. Dams, §§ 18-5 to 18-8 895 

2. Rights of Way for Drainage, §§ 18-51 to 18-76 897 

3. Sanitary and Drainage Commissions, §§ 18-101 to 18-110 901 



vi Code of Laws of South Carolina 

Chapter Page 

4. Drainage Districts under 191 1 Act, §§ 18-201 to 18-333 904 

5. Drainage Districts under 1920 Act, §§ 18-401 to 18-638 929 

6. Certain Local Provisions, §§ 18-751 to 18-757 972 

Title 19. 
Decedents' Estates. 

1. General Provisions, §§ 19-1 to 19-5 977 

2. Descent and Distribution, §§ 19-51 to 19-57 979 

3. Dower, Curtesy and Jointure, §§ 19-101 to 19-169 987 

4. Wills, §§ 19-201 to 19-294 1003 

5. Uniform Simultaneous Death Act, §§ 19-301 to 19-308 1024 

6. Personal Representatives and Administration of Estates, §§ 19-401 

to 19-613 1025 

7. Liability of Heirs and Devisees, §§ 19-701 to 19-71 1 1074 

Title 20. 
Domestic Relations. 

1. Marriage, §§ 20-1 to 20-49 1079 

2. Divorce, §§ 20-101 to 20-148 1092 

3. Property, Rights, etc., of Married Women, §§ 20-201 to 20-208 1100 

4. Custody, Care and Support, §§ 20-301 to 20-336 1 104 

t 



CODE OF LAWS OF SOUTH CAROLINA 

1952 

Title 13. 
Cotton.* 

Chap. 1. General Provisions, §§ 13-1 to 13-4. 

2. Weighers and Weighing. §§ 13-101 to 13-275. 

3. Sales Generally, §§13-301 to 13-356. 



CHAPTER 1. 
General Provisions. 

Sec. Sec. 

13-1. United States cotton standards adopt- 13-3. Rates of storage. 

ed. 13-4. Public ginners to keep books for in- 
13-2. Fraudulent packing. spection; numbering bales. 

§ 13-1. United States cotton standards adopted. 

The official cotton standards of the United States, as established and pro- 
mulgated from time to time by the Secretary of Agriculture of the United 
States, shall, while they are in effect, be the official cotton standards of this 
State. 

1942 Code § 6388; 1932 Code § 6388; 1922 (32) 840. 

§13-2. Fraudulent packing. 

Any person who shall knowingly and wilfully pack into any bag or bale of 

cotton any stone, wood, trash, cotton, cottonseed, water or any matter or 

thing whatsoever or cause the same to be done, with the intent and purpose 

of cheating or defrauding any person whomsoever in the sale of such cotton, 

or who shall exhibit or offer for sale any bag or bale of cotton so fraudulently 

packed, at the time of such exhibit or offer for sale any such bag or bale of 

cotton knowing the same to be so fraudulently packed, shall on conviction 

thereof be sentenced to pay a fine of not more than five hundred dollars nor 

less than twenty dollars and to be imprisoned for a term of not more than six 

months nor less than one month. 

1942 Code § 1280; 1932 Code § 1280; Cr. C. '22 § 175; Cr. C. '12 § 453; Cr. C. '02 
§ 340; G. S. 2517; R. S. 279; 1875 (15) 976. 



* As to regulation of agriculture generally, see Title 3. As to warehouses generally, see 
Title 69. As to membership in cotton cooperative, see § 12-817. As to classification of 
cotton by common carrier for transportation, see § 58-1091. 

[2 SC Code] — I 1 



§13-3 



Code of Laws of South Carolina 



§13-4 



This section embraces false packing of 
cotton bales with water. State v. Holman, 
3 McC. ri4 S. C. L.I 306. 



But it must be shown that defendant had 
knowledge of the false packing. State v. 
Pitts, 13 Rich. (47 S. C. L.) 27. 



§ 13-3. Rates of storage. 

The rates of storage of cotton shall not exceed twelve and one-half cents per 

week for each bale of cotton. Any person violating the provisions of this 

section shall forfeit to the owner of the cotton ten dollars for each offense which 

may be recovered by him in any court of competent jurisdiction in this State. 

1942 Code § 6387; 1932 Code § 6387; Civ. C. '22 § 3306; Civ. C. '12 § 2332; Civ. C. '02 
§ 1544; G. S. 1196; R. S. 1304: 1876 (16) 175. 

This section prohibits the making, not And since this section is penal, it must 

the paying, of a greater charge. Holman v. be strictly construed. Holman v. Frost, 
Frost, 26 S. C. 290, 2 S. E. 16. 26 S. C. 290. 2 S. E. 16. 

§ 13-4. Public ginners to keep books for inspection; numbering bales. 

Every person who runs a public gin shall keep a book in which shall be en- 
tered a full account of all the cotton brought thereto with the date and the 
name of the person bringing it. Such book shall be open to inspection by the 
public. The ginner shall also, if requested so to do by the owner of the cotton, 
number consecutively each bale of cotton as it comes from the press, by stencil 
or other permanent mark, beginning with the number one at the opening of 
the ginning season, so that the stencil or number mark shall correspond with 
the number and weight of the identical bale of cotton as it is recorded in the 
ginner's book of records. 

1942 Code § 639S; 1932 Code § 6398; Civ. C. '22 § 3313; Civ. C. '12 § 2339; 1902 (23) 1021; 
1929 (36) 153. 



CHAPTER 2. 

Weighers and Weighing. 



Article 1. 

General Provisions. 
Sec. 

13-101. Election of public weigher; term. 

13-102. Oath and bond. 

13-103. Removal; filling vacancies. 

13-104. Appointment of deputy. 

13-105. Platform and scales. 

13-106. All cotton to be there weighed. 

13-107. Weigher to furnish and test scales. 

13-108. Payment for use of platform. 

13-109. Counties may make contracts for 

platform. 
13-110. Regulations governing platforms 

so contracted for. 
13-111. Cotton left on platforms generally. 
13-112. Duties of weigher. 
13-113. Compensation. 
13-114. Rates for weighing; penalty for 

overcharging. 



Sec. 
13-115. 



"breakage" on weighing 



Charge of 

of cotton. 
13-116. Blank. 
13-117. Certain provisions inapplicable in 

certain counties. 
13-118. Penalty for violations. 
13-119. Same; in Dorchester County. 

Article 2. 

Election or Appointment, and Terms, in 
Certain Localities. 

13-131. Mandatory appointments for Bish- 
opville and Darlington. 

13-132. Election at Gaffney. 

13-133. Two year appointments in Edge- 
field and Greenwood Counties, and 
at Manning and Summerton. 

[2 SC Code] 



Cotton 



Sec. 

13-134. Mandatory two year appointments 
in Bamberg County. 

13-135. Elections for city of Sumter. 

13-136. Four year appointments in Orange- 
burg. 

13-137. Columbia township, Richland Coun- 
ty- 

13-138. Appointments by Governor. 

13-139. Annual elections at Seneca in Oco- 
nee County. 

13-140. Biennial elections at certain places 
in Edgefield, Lancaster and Lex- 
ington Counties. 

13-141. Election at Ridge Spring. 

13-142. Election at Kershaw. 

13-143. Elections in Dorchester County. 

13-144. Elections at Honea Path and La- 
mar. 

13-145. Elections in Newberry County. 

Article 3. 
Oath and Bond in Certain Localities. 

13-151. Honea Path, Lamar and Ridge 
Spring. 

13-152. Chesterfield and Oconee Counties. 

13-153. Chester. 

13-154. Dorchester County. 

13-155. Calhoun, McCormick and Newber- 
ry Counties. 

13-156. Gaffney. 

13-157. Where one thousand dollar bond 
required. 

Article 4. 

Removal and Vacancies in Certain 
Localities. 

13-161. Richland and Sumter Counties. 

13-162. Chester County. 

13-163. Chesterfield County. 

13-164. Blank. 

13-165. Edgefield County. 

13-166. Kingstree. 

Article 5. 

Deputies or Substitutes in Certain 
Localities. 

13-172. Columbia township, Richland Coun- 
ty. 
13-173. Darlington. 
13-174. For city of Sumter. 
13-175. Gaffney. 

Article 6. 

Platforms and Scales in Certain Localities. 

13-181. Weighers to furnish platform in 
certain places in Cherokee, Dor- 
chester, Kershaw and Sumter 
Counties. 



Sec. 

13-182. Cotton left on platforms in Sumter 
County. 

13-183. Same; at Camden. 

13-184. Contracts for platforms in Sumter 
County. 

13-184.1. Renting platform in city of Sum- 
ter. 

13-185. Gaffney. 

13-186. Blank. 

13-187. Expense of platform at Latta. 

13-18S. Columbia; platform; night watch- 
man. 

13-189. Cotton left on platform at Colum- 
bia. 

13-190. Blank. 

13-191. Chester. 

13-192. Daily tests of scales in certain 
places. 

13-193. Inspection of scales in Chesterfield 
County. 

13-194. Testing scales in Dorchester Coun- 
ty. 

13-195. Same; in Sumter County. 

13-196. Same; at Columbia. 

Article 7. 

Duties of Weighers in Certain Localities. 

13-201. Adjustments in certain localities. 
13-202. Same; in Chesterfield County. 
13-203. Same; at Camden. 
13-204. Same; at certain other localities. 
13-205. Marking in Edgefield, Lancaster, 

Marlboro and Saluda Counties. 
13-206. Issuance of tickets at Seneca. 
13-207. Marketing, inspecting, etc., in 

Orangeburg County. 
13-208. Same; at Kershaw. 
13-209. Same; at Columbia. 
13-210. Same; in Sumter County. 
13-211. Duties at Gaffney. 

Article 8. 

Compensation and Charges in Certain 
Localities. 

13-221. Five cents per bale at Honea Path. 

13-222. Six cents at Lamar. 

13-223. Eight cents in Chesterfield County. 

13-224. Where charge ten cents. 

13-225. Where fifteen cents. 

13-226. Sixteen cents in Chester and Green- 
wood Counties. 

13-227. Where twenty cents. 

13-228. Where thirty cents. 

13-229. Compensation in Lee County. 

13-230. Penalty for overcharge in Saluda 
County. 



§ 13-101 



Code of Laws of South Carolina 



§ 13-102 



Article 9. 
Miscellaneous Local Provisions. 

Sec. 

13-241. Unofficial persons not to weigh cot- 
ton in Dorchester and Lancaster 
Counties. 

13-242. Liability of weighe- at Kershaw. 

13-243. Same; in Oconee County. 

13-244. Weighers for warehouses in Edge- 
field and Marlboro Counties. 

13-245. Other persons may weigh cotton 
at Chappells. 

13-246. Application of provisions to cot- 
ton mills in Orangeburg County. 

13-247. Blank. 

13-248. Blank. 

13-249. All sales at Columbia to be at pub- 
lic platform. 

13-250. Only buyer to sample in Camden. 

13-251. Weighing without charge at Dar- 
lington. 



Article 10. 

Provisions Applicable in Townships Con- 
taining Cities Over Twenty Thousand 
and Under Fifty Thousand. 

Sec. 
13-261. 
13-262. 
13-263. 

13-264. 
13-265. 
13-266. 
13-267. 
13-268. 
13-269. 
13-270. 
13-271. 

13-272. 

13-273. 



Application of article. 

Platform and scales. 

Election, term and qualification of 

weigher. 
Oath and bond. 
Removal and filling vacancy. 
Night watchman and assistants. 
Duties. 

Compensation. 
Risk of loss; insurance. 
Deputy. 
All cotton to be weighed, inspected, 

etc., at platform. 
Sales excepted. 
Accounting to governing bodies of 

counties. 



13-274. Penalties. 
13-275. Enforcement. 



Article 1. 

General Provisions. 

§ 13-101. Election of public weigher ; term. 

Upon the petition of fifty or more qualified electors who are freeholders and 
growers of cotton in any township or parish in which there may be a cotton 
market, the governing body of that county shall annually elect one or more 
public cotton weighers for each such cotton market, whose term of office shall 
be for one year and until the election and qualification of his or their suc- 
cessors. 

1942 Code § 6402; 1932 Code § 6402; Civ. C. '22 § 3317; Civ. C. '12 § 2343; Civ. C. '02 
§ 1552; 1896 (22) 57; 1897 (22) 433; 1906 (25) 140; 1911 (27) 37; 1927 (35) 240. 293; 1920 
(36) 104; 1930 (36) 1128. 



Statutes providing for public weighers 
are constitutional as being within police 
power of State, the purpose of such legis- 
lation being to secure fair weights for all 
parties concerned and to protect both seller 
and public. Hav Cotton Co. v. McLeod, 185 
S. C. 127, 193 S. E. 438. 

And are intended primarily for protection 
of farmer and buyer. — The law providing 
for the appointment of cotton weighers was 
intended primarily for the mutual protection 
of the farmer who places his cotton on a 



public platform for sale, and the buyer who 
holds himself out for the purchase of said 
cotton. Weatherly v. Marlboro Warehouse 
Co., 167 S. C. 68, 165 S. E. 790. 

There is no provision which forces buyer 
and seller to permit cotton weighers to 
weigh cotton, so as to enable weighers to 
recover compensation for weighing per- 
formed by warehouse. Weatherly v. Marl- 
boro Warehouse Co., 167 S. C. 68, 165 S. E. 
790. 



§13-102. Oath and bond. 

Before entering upon the duties of his office each cotton weigher shall be 
legally sworn to discharge the duties of the position by some officer authorized 
to administer oaths and shall enter into bond in the sum of three hundred 

4 



§ 13-103 Cotton § 13-107 

dollars for the faithful performance of his duty. The bond shall be approved 

by the governing body of the county and filed with the clerk of the court of 

common pleas and general sessions for the county in which the cotton market 

may be situated. 

1942 Code § 6403: 1932 Code § 6403: Civ. C. '22 § 3318; Civ. C. '12 § 2344; Civ. C. '02 
§ 1553; 1896 (22) 57; 1900 (23) 434; 1906 (25) 141; 1919 (31) 232; 1920 (31) 860. 

§ 13-103. Removal ; filling vacancies. 

The governing body of any county may, for good and sufficient cause 

shown, remove any such public cotton weigher elected by such board from 

his office after giving such weigher at least ten days' notice to show cause 

why he should not be removed. And the governing body may fill any vacancy 

occurring in the office of public cotton weigher at its first regular meeting after 

such vacancy occurs. 

1942 Code §6404; 1932 Code §6404; Civ. C. '22 §3319; Civ. C. '12 §2345; Civ. C. '02 
§ 1554; 1896 (22) 58: 1901 (23) 729; 1906 (25) 141; 1925 (34) 292; 1931 (37) 370. 

§ 13-104. Appointment of deputy. 

From the first day of March to the first day of September of each year and 

at any time in case of his inability to act, a weigher may appoint a deputy who 

shall, before entering upon his duties, take the visual oath of the office in the 

manner required of the weigher. The elected weigher shall be responsible on 

his bond for the official acts of his deputy. 

1942 Code § 6404; 1932 Code § 6404; Civ. C. '22 § 3319; Civ. C. '12 § 2345; Civ. C. '02 
§ 1554; 1896 (22) 58; 1901 (23) 729; 1906 (25) 141; 1925 (34) 292; 1931 (37) 370. 

§13-105. Platform and scales. 

The platform for cotton weighers shall be furnished by the county and 

shall have a capacity of five thousand bales. The scales on the platform shall 

be approachable from at least two sides. 

1942 Code § 6406; 1932 Code § 6405; Civ. C. '22 § 3320; Civ. C. '12 § 2346; 1904 (24) 
411; 1907 (25) 610. 

§ 13-106. All cotton to be there weighed. 

At such platform all cotton sold in the market, except cotton sold on planta- 
tions or at cotton mills, shall be weighed. 

1942 Code § 6404; 1932 Code § 6404; Civ. C. '22 § 3319; Civ. C. '12 § 2345; Civ. C. '02 
§ 1554; 1896 (22) 58; 1901 (23) 729; 1906 (25) 141; 1925 (34) 292; 1931 (37) 370. 

§ 13-107. Weigher to furnish and test scales. 

Each weigher shall provide scales with ample facilities for handling cotton 
with speed and at minimum cost. Each weigher shall test his scales once a 
month by the standards in the office of the clerk of the court as provided by 
law. 

1942 Code § 6404; 1932 Code § 6404; Civ. C. '22 § 3319; Civ. C. '12 § 2345; Civ. C. '02 
§ 1554; 1896 (22) 58; 1901 (23) 729; 1906 (25) 141; 1925 (34) 292; 1931 (37) 370. 

5 



§ 13-108 Code of Laws of South Carolina § 13-112 

§ 13-108. Payment for use of platform. 

Each weigher shall render to the governing body of the county a monthly 
statement of the cotton weighed and shall pay to the county treasurer for the 
use of the platform one cent per bale for all cotton weighed. 

1942 Code § 6406; 1932 Code § 6405; Civ. C. '22 § 3320; Civ. C. '12 § 2346; 1904 (24) 
411; 1907 (25) 610. 

§ 13-109. Counties may make contracts for platform. 

The governing body of any county may enter into a contract for a time not 
exceeding ten years with one or more persons who shall agree to furnish a 
platform of such size and capacity as the governing body may deem sufficient 
for the expeditious weighing of the cotton coming into a market in such coun- 
ty. For the use of such platform such person or persons shall receive as com- 
pensation one cent per bale for all cotton weighed thereon, which shall be 
paid by the weigher elected for such cotton market who weighs such cotton. 

1942 Code § 6407; 1932 Code § 6406; Civ. C. '22 § 3321; Civ. C. '12 § 2347; 1906 (25) 142. 

§ 13-110. Regulations governing platforms so contracted for. 

No cotton shall be allowed to remain on a platform furnished pursuant to 
a contract authorized by § 13-109 longer than twenty-four hours, except upon 
being subject to a charge of one-half cent per bale for each day or fractional 
part thereof up to five days and one cent per bale for each succeeding day or 
fractional part thereof. 

The cotton weigher for any such cotton market shall number and mark 
the cotton at the time of weighing, with not more than three letters, as indicat- 
ed by tags or other instructions of the buyer of each bale of cotton and shall 
keep the cotton of each buyer together to facilitate prompt shipment. Regular 
buyers and exporters of cotton shall furnish stencils and marking material for 
properly numbering and marking the cotton bought by them. 

1942 Code § 6407; 1932 Code § 6406; Civ. C. '22 § 3321; Civ. C. '12 § 2347; 1906 (25) 142. 

§ 13-111. Cotton left on platforms generally. 

No cotton shall be allowed to remain on any platform more than five days, 

except upon being subject to a charge of one cent per bale per day. Cotton 

left on the platform for any time shall be at the owner's risk. 

1942 Code §6406; 1932 Code §6405; Civ. C. '22 §3320; Civ. C. '12 §2346; 1904 (24) 
411; 1907 (25) 610. 

§13-112. Duties of weigher. 

Each weigher or his deputy shall devote his exclusive attention to the duties 
of his office during the cotton marketing season. Each weigher shall weigh 
fairly and promptly all cotton sold in the market and shall issue his own ticket 
showing the weight of each bale or package of cotton weighed. He shall 
adjust any difference between sellers and buyers as to moisture and mixed 
or false packing. He shall mark and number each bale of cotton as indicated 

6 



§13-113 Cotton §13-117 

by tags of the buyer and keep the cotton of each buyer together in order to fa- 
cilitate prompt shipment. 

1942 Code §§ 6404, 6406; 1932 Code §§ 6404, 6405; Civ. C. '22 §§ 3319, 3320; Civ. C. '12 
§§ 2345, 2346; Civ. C. '02 § 1554; 1896 (22) 58; 1901 (23) 729; 1904 (24) 411; 1906 (25) 
141; 1907 (25) 610; 1925 (34) 292; 1931 (37) 370. 

§ 13-113. Compensation. 

Each weigher shall receive as compensation for his services an amount to 
be fixed by the governing body which shall not be more than ten cents for 
each bale weighed by him. This compensation shall be paid in equal propor- 
tion by the seller and buyer, except in those markets where the weigher is an 
employee of some individual or corporation, in which case the seller shall pay 
nothing. 

1942 Code § 6403; 1932 Code § 6403; Civ. C. '22 § 3318; Civ. C. '12 § 2344; Civ. C. '02 
§ 1553; 1896 (22) 57; 1900 (23) 434; 1906 (25) 141; 1919 (31) 232; 1920 (31) 860. 

Cross references. — See note to § 13-101. weighers in certain localities, see §§ 13-131, 
As to election or appointment of cotton 13-133, 13-135, 13-244. 

§ 13-114. Rates for weighing ; penalty for overcharging. 

The charges for weighing cotton shall not exceed ten cents for each bale. 

Any person violating the provisions of this section shall forfeit to the owner 

of the cotton ten dollars for each offense, which may be recovered by him in 

any court of competent jurisdiction in this State. 

1942 Code § 6387; 1932 Code § 6387; Civ. C. '22 § 3306; Civ. C. '12 § 2332; Civ. C. '02 
§ 1544; G. S. 1196; R. S. 1304; 1876 (16) 175. 

This section prohibits the making, not the And since this section is penal, it must 

paying, of a greater charge. Holman v. be strictly construed. Holman v. Frost, 26 
Frost, 26 S. C. 290, 2 S. E. 16. S. C. 290. 2 S. E. 16. 

§ 13-115. Charge of "breakage" on weighing of cotton. 

Any person who shall put and make the charge known as "breakage" upon 
the weighing of cotton shall be guilty of a misdemeanor and, upon conviction there- 
of, shall be fined not more than twenty-five dollars or be imprisoned not more than 
thirty days or both, in the discretion of the court. 

1942 Code §1281; 1932 Code § 1281; Cr. C. '22 § 176; Cr. C. '12 §456; Cr. C. '02 §343; 
G. S. 2520; R. S. 282; 1878 (16) 713. 

Cross reference. — As to prohibition of al- Cited in State v. Moore, 128 S. C. 192, 

lowances for breakage and tare, see § 13-301. 122 S. E. 672. 

§ 13-116. Blank. 

§ 13-117. Certain provisions inapplicable in certain counties. 

The provisions of §§ 13-101 to 13-107, 13-112 and 13-113 shall not apply to 
the counties of Abbeville, Aiken, Beaufort, Berkeley, Charleston, Georgetown, 
Horry, Laurens, Newberry, Oconee, Richland or Spartanburg, to the town of Lib- 
erty in Pickens County nor to Anderson township in Anderson County. 

1942 Code § 6405; 1932 Code § 6407; Civ. C. '22 § 3322; Civ. C. '12 § 2348; Civ. C. '02 
§ 1555; 1896 (22) 58; 1898 (22) 802; 1901 (23) 730; 1902 (23) 1175; 1904 (24) 410, 431; 
1906 (25) 142; 1907 (25) 609; 1908 (25) 1043; 1909 (26) 183; 1910 (26) 715; 1911 (27) 
36; 1915 (29) 67; 1917 (30) 219. 

7 



§ 13-118 Code of Laws of South Carolina § 13-133 

§13-118. Penalty for violations. 

Any person weighing cotton in any cotton market where a public weigher 
has been elected, except as prescribed in this chapter, shall be guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than five nor 
more than ten dollars for each offense or imprisoned for not more than five 
days. 

1942 Code § 6404-1; 1932 Code § 1365; Cr. C. '22 § 264; Cr. C. '12 § 464; Cr. C. '02 
§ 353; 1894 (21) 793; 1896 (22) 58; 1906 (25) 143; 1908 (25) 1209; 1909 (26) 130. 

Cross reference. — As to prohibition 
against allowances for breakage and tare, 
see § 13-301 et seq. 

§ 13-119. Same; in Dorchester County. 

In Dorchester County any person convicted under the provisions of § 13-118 

shall be fined not more than one hundred dollars or imprisoned not exceeding 

thirty days. 

1942 Code § 6404-1 ; 1932 Code § 1365; Cr. C. '22 § "64; Cr. C. '12 § 464; Cr. C. '02 § 353; 
1894 (21) 793; 1896 (22) 58; 1906 (25) 143; 1908 (25) 1209; 1909 (26) 130. 

Article 2. 
Election or Appointment, and Terms, in Certain Localities. 

§ 13-131. Mandatory appointments for Bishopville and Darlington. 

There shall be two public cotton weighers at Bishopville in Lee County. 

The county manager for Darlington County shall, by August 1st, annually 

appoint a cotton weigher for the cotton market in the town of Darlington who 

shall hold office for one year and until his successor shall be appointed and 

qualified. 

1942 Code §§ 6402, 6421-1; 1932 Code § 6402; Civ. C. '22 § 3317; Civ. C. '12 § 2343; 
Civ. C. '02 § 1552; 1896 (22) 57; 1897 (22) 433; 1906 (25) 140; 1911 (27) 37; 1927 (35) 
240. 293; 1929 (36) 104; 1930 (36) 1128; 1937 (40) 403. 

§ 13-132. Election at Gaffney. 

The governing body of Cherokee County may elect a cotton weigher for 

Gaffney in said county. 

1942 Code §6417; 1932 Code §§6413-6417; Civ. C. '22 §§3326-3330; 1915 (29) 383; 
1921 (32) 172. 

§ 13-133. Two year appointments in Edgefield and Greenwood Counties, and 
at Manning and Summerton. 
Cotton weighers in the counties of Edgefield and Greemvood shall be elected 
and in the towns of Manning and Summterton in Clarendon County shall be 
appointed by the governing body of the county to hold office for two years 
and until their successors are elected or appointed and qualified. 

1942 Code §§6402, 6405, 6419-1; 1932 Code §§6402, 6407; Civ. C. '22 §§3317, 3322 

Civ. C. '12 §§ 2343, 2348; Civ. C. '02 §§ 1552. 1555; 1896 (22) 57, 58; 1897 (22) 433 

1898 (22) 802; 1901 (23) 730; 1902 (23) 1175: 1904 (24) 410, 431; 1906 (25) 140, 142 

1907 (25) 609; 1908 (25) 1043; 1909 (26) 183; 1910 (26) 715; 1911 (27) 36, 37; 1915 

(29) 67; 1917 (30) 219; 1927 (35) 240, 293; 1929 (36) 104; 1930 (36) 1128; 1934 (38) 
1276; 1944 (43) 2331. 

8 



§ 13-134 Cotton § 13-138 

§ 13-134. Mandatory two year appointments in Bamberg County. 

There shall be a public cotton weigher for each of the following towns in 
Bamberg County, to wit: Bamberg, Denmark, Ehrhardt and Olar, whose terms 
of office shall be for two years beginning on Tuesday after the first Monday 
in October following their appointment and until their successors are selected 
and qualified. Said cotton weighers shall be appointed by the governing body 
of said count}'. 

1942 Code § 6410: 1932 Code §§ 6410, 6411; Civ. C. '22 §§ 3324, 3325; Civ. C. '12 
§§ 2365, 2370; 1911 (27) 38: 1913 (28) 22; 1944 (43) 2286. 

§ 13-135. Elections for city of Sumter. 

For the city of Sumter the governing body of Sumter County shall elect a 
cotton weigher who shall serve at the pleasure of the governing body of the 
county. No person shall be elected weigher under this provision who is 
related by blood or marriage to any member of the governing body within 
the third degree. 

1942 Code §§ 6402, 6455; 1932 Code §§ 6402, 6455; Civ. C. '22 §§ 3317, 3363: Civ. 

C. '12 §§ 2343. 2364: Civ. C. '02 § 1552; 1896 (22) 57; 1897 (22) 433: 1906 (25) 140; 

1909 (26) 128; 1911 (27) 37; 1919 (31) 261; 1920 (31) 1119; 1927 (35) 240, 293; 1929 
(36) 104; 1930 (36) 1128: 1947 (45) 1505. 

§13-136. Four year appointments in Orangeburg. 

The two cotton weighers at the market in the city of Orangeburg shall serve 

for a term of four years ; but the first appointment having been made for a term 

of two years and the second for a term of four years, both cotton weighers 

will not hereafter be appointed in the same year. 

1942 Code § 6447; 1932 Code § 6448; Civ. C. '22 § 3356; 1918 (30) 842; 1919 (31) 
234; 1928 (35) 1160; 1929 (36) 66: 1940 (41) 1872. 

§ 13-137. Columbia township, Richland County. 

The governing body of Richland County shall, on or before the first day of 
July, 1954, and every four years thereafter, elect and commission for the term 
of four years one cotton weigher for Columbia township, Richland County, to 
be approved by the Farmers' Union of Richland County and by a majority of 
the recognized cotton buyers of Columbia township if such organization and 
persons agree upon a recommendation. No such cotton weigher shall be re- 
lated within the sixth degree to any member of said governing body. 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ .C. '12 § 2355; 1910 (26) 
710; 1920 (31) 925. 

§13-138. Appointments by Governor. 

There shall be a public cotton weigher at Wagener in Aiken County, at St. 
Matthews in Calhoun County, at Cameron in Calhoun County, at Chester in Chester 
County and at each other town of Chester County whenever twenty-five or 
more growers of cotton in the territory surrounding such town shall have filed 
with the governing body of said county a request for the appointment of a 
cotton weigher for such town, at each town in the county of Chesterfield where 
cotton is marketed, at Cross Hill in Laurens County, at Sv. } ansea in Lexington 

9 



§ 13-139 Code of Laws of South Carolina § 13-140 

County, at McCormick in McCormick County, at Kingstree in Williamsburg Coun- 
ty and at Camden in Kershaw County. Said cotton weighers shall be ap- 
pointed by the Governor upon the recommendation of the majority of the 
legislative delegations, including the Senator, of the respective counties. The 
terms of office of all of said weighers except the weighers at Camden in Ker- 
shaw County and McCormick in McCormick County, shall be for two years and 
until their successors shall have been appointed and qualified. The term of 
office of the cotton weigher at Camden in Kershaw County shall be for four 
years and until his successor shall have been appointed and qualified. The 
weigher at Wagener shall be chosen from the qualified electors residing in 
the area now embraced within Magisterial District No. 5 in said county and 
shall be a person not connected in any way with the buying and selling of 
cotton other than the cotton raised by him. The terms of office of the weighers 
in Chester County shall commence on September 1st of the year of their ap- 
pointment. The term of office of the weigher at Swansea shall begin on De- 
cember 31st of even numbered years. 

1942 Code §§ 6408, 6412, 6418, 6419, 6432, 6437, 6440, 6456; 1932 Code §§ 6408. 6412. 
6418, 6419, 6432, 6437, 6440, 6456; Civ. C. '22 §§ 3331, 3332, 3346, 3364; Civ. C. '12 §§ 2353, 
2354, 2357; 1908 (25) 1198, 1210; 1909 (26) 122; 1910 (26) 632, 640; 1912 (27) 641: 1914 
(28) 464; 1917 (30) 218, 220; 1918 (30) 775, 761, 871; 1919 (31) 70; 1920 (31) 105, 844; 
1922 (32) 776, 777, 783: 1924 (33) 1052, 1178; 1931 (37) 139; 1933 (38) 44; 1934 (38) 1212, 
1324; 1944 (43) 2273, 2275, 2280, 2283, 2286, 229S, 2300, 2301; 1951 (47) 379. 

Successor may demand surrender of office thereto. Derrick v. Jackson, 167 S. C. 294, 

by predecessor. — Person appointed as cot- 166 S. E. 271. 

ton weigher at Swansea held entitled to As to application of doctrine of bailment 

order requiring predecessor to surrender to cotton weigher, see Hay Cotton Co. v. 

office, together with documents pertaining McCleod, 185 S. C. 127, 193 S. E. 438. 

§ 13-139. Annual elections at Seneca in Oconee County. 

There shall be annually elected by the qualified voters of Seneca township in 
Oconee County a cotton weigher for Seneca. Such weigher shall be duly sworn 
to discharge the duties of the position by some officer authorized to administer 
an oath. The election of such weigher shall be on the third Saturday in 
August in each year, the polls to open at ten o'clock A. M. and close at five 
o'clock P. M. The town council of said town shall appoint three men as man- 
agers of each such election and shall give notice of the time and place of hold- 
ing the same at least ten days before the day of the election. 

1942 Code §6449; 1932 Code §6449; Civ. C. '22 §3357; Civ. C. '12 §2350; 1900 (23) 
551; 1903 (23) 177; 1951 (47) 340. 

§ 13-140. Biennial elections at certain places in Edgefield, Lancaster and Lex- 
ington Counties. 
On the first Tuesday of August 1952 and every two years thereafter at Pelion, 
Rishton and Sharp Hill precincts, on the second Tuesday of August 1952 and 
every two years thereafter at Lexington, Cromers, Irene, St. Matthews and 
Boylston precincts, all in Lexington County and in Lancaster and Heath Springs 
in Lancaster County, on the third Saturday in August 1953 and on the same 
day every two years thereafter in Edgefield, Johnston and Trenton in Edgefield 
County the qualified electors entitled to vote in the said respective precincts 

10 



§ 13-141 Cotton § 13-141 

in Lexington County, the persons entitled to vote in such elections in Lancaster 
County and the qualified voters who shall buy or sell cotton in said respective 
towns in Edgefield County and, in the case of Johnston, live within a radius of 
six miles from the depot of said town, respectively, shall elect cotton weighers, 
the electors of Pelion, Risliton and Sharp Hill precincts for the town of Pclion, 
the electors of the other above named precincts of Lexington County for Lex- 
ington and the other electors for their respective towns aforesaid. The terms of 
office of said cotton weighers shall be for two years and until their successors 
have been elected and qualified. The terms of office of the weighers in Edge- 
field County shall begin on the first day of September following their election. 
A majority of vote cast in such elections shall be necessary to a choice in Lex- 
ington County. 

Every person offering to vote in any such election in Edgefield County shall 
be required to take an oath that he is a registered elector, sells or buys cotton 
in the town in which the election is to be held and has not voted in the same 
year for cotton weigher at any other place in Edgefield County. 

For the purpose of holding the elections provided for in this section, the 
governing body of Edgefield County shall, thirty days before each such elec- 
tion, appoint three managers and a clerk, who shall be required to take their 
oath as managers, shall conduct such election as general elections are now 
conducted and shall declare the result of the election. The one person re- 
ceiving the highest number of votes cast shall be declared to be the duly elected 
cotton weigher for the town. At least three weeks' public notice of the time 
and place of each such election shall be given by posting notices thereof in at 
least three conspicuous places within the territory or by publication of such 
notice in some newspaper published in Edgefield County. 

The governing body of Lancaster County shall make such rules and regula- 
tions for the government of such elections held in said county as to them shall 
seem proper. Said governing body shall canvass the votes polled at such 
elections, declare such elections and issue a commission to the person declared 
to be elected. 

1942 Code §§ 6424, 6424-1, 6424-2, 6431, 643S. 6436- 1932 Code §§ 6424, 6431, 6435, 
6436; Civ. C. '22 §§3342, 3344, 3345; Civ. C. '12 §2352; Civ. C. '02 §1558; 1899 (23) 
194; 1918 (30) 761; 1920 (31) 841, 974; 1922 (32) 1009; 1930 (36) 1240; 1933 (38) 133, 
338. 339; 1938 (40) 1756, 1795. 1807; 1946 (44) 1347. 

Cross reference. — As to applicability of Cited in Croxton v. Truesdale, 75 S. C. 

the provisions of this chapter to all cotton 418, 56 S. E. 45. 
stored or sold in warehouses, see § 13-244. 

§ 13-141. Election at Ridge Spring. 

Upon the petition of twenty-five or more qualified electors who are growers 
and buyers of cotton or cotton growers or cotton buyers, resident within five 
miles of Ridge Spring in Saluda County, the town council of said town shall, 
during the month of July 1953, and at the same time every two years thereafter, 
provide for an election in the usual manner of elections in the town for a public 
cotton weigher for the town, whose term of office shall be for two years or until 
the election and qualification of his successor. At such election all and only 

11 



§ 13-142 Code of Laws of South Carolina § 13-143 

cotton growers and cotton buyers who are qualified electors and reside within 

a radius of five miles of the depot in said town shall be entitled to vote. The 

town council shall declare the result of the election and the person receiving 

the highest number of votes shall be the public cotton weigher for the town. 

1942 Code § 6453; 1932 Code § 6453; Civ. C. '22 § 3361; 1917 (30) 96; 1920 (31) 974; 
1921 (32) 260; 1925 (34) 106. 

§ 13-142. Election at Kershaw. 

The town council of Kershaw in the counties of Lancaster and Kershaw shall 
order an election to be held in said town of Kershaw on the fourth Tuesday in 
September 1952, and every two years thereafter at which there shall be elected 
by the qualified electors residing within said counties a public cotton weigher 
who shall have his office in the town of Kershaiv and who shall be sworn to dis- 
charge the duties of the position by some officer authorized to administer an 
oath. The town council of the town of Kershaiv shall appoint three men as 
managers of such election and shall give at least fifteen days' notice of the 
time and place of the holding of such election. 

For the purpose of this section "qualified electors" shall include every 
citizen residing within the counties of Lancaster and Kershaiv who shall, 
on or before the fifth day prior to the day fixed for such election, upon the pro- 
duction of his registration certificate, procure from the clerk of the town coun- 
cil of the town of Kershaw additional certificates that he is a duly qualified 
elector under the laws governing elections in this State and entitled to vote in 
such election for cotton weigher. The clerk shall advertise, by publishing a 
notice of the election in some newspaper in general circulation in the counties 
of Lancaster and Kershaiv or by posting notices in three conspicuous places in 
such counties for at least fifteen days before such election, the time and place 
such additional certificates may be procured. He shall open books and issue 
such certificates to such persons as may be entitled thereto under the provi- 
sions of this section, the clerk to be the judge of all necessary compliance with 
these qualifications. The clerk shall close his registration books for such elec- 
tion at four o'clock P.M. on the fifth day next preceding such election and de- 
liver to the managers of such election, forthwith, a certified list of the names of 
all persons to whom he shall have issued such certificates and such certified 
list shall be used by the managers as the poll list in such election. The person 
receiving the highest number of votes cast in such election shall be the cotton 
weigher for the town and his term of office shall be for two years and until the 
election and qualification of his successor. 

1942 Code §6428; 1932 Code §6428; Civ. C. '22 §3340; Civ. C. '12 §2358; 1909 (26) 
194; 1912 (27) 65; 1915 (29) 192; 1922 (32) 1009; 1930 (36) 1856; 1932 (37) 1158. 

§ 13-143. Elections in Dorchester County. 

The governing body of Dorchester Count}' shall order elections to be held at 
the time of general election, for the purpose of electing public cotton weighers 
who shall do business, respectively, at St. George, HarleyvUle, Ridgevillc, Giv- 
hans and Summerville. The cotton weigher who does business at St. George shall 
be voted for by the qualified electors of St. George, Indian field, Badham and Grov- 

12 



§ 13-144 Cotton § 13-145 

er precincts. The cotton weigher who does business at Harleyville shall be 
elected by the qualified voters of Harleyville, Dorchester and Pregnall precincts. 
The cotton weigher who does business at Ridgeville shall be elected by the qual- 
ified voters of Ridgeville precinct. The cotton weigher who does business at 
Givhans shall be elected by the qualified electors of Givhans and Beach Hill pre- 
cincts. The cotton weigher who does business at Summcrville shall be elected 
by the qualified voters of all the precincts in Summcrville, Knightsville and Dele- 
mars. Such cotton weighers shall hold their offices for the term of two years 
and until their successors are elected and qualified. But no such election need 
be held for any of said places unless cotton weighers have been therein lawfully 
installed. Said governing body shall make such rules and regulations for the 
government of such elections as to them shall seem proper and shall canvass 
the votes polled at such elections, declare such elections and issue commis- 
sions to the persons declared elected. 

1942 Code § 6423; 1932 Code § 6423; Civ. C. '22 § 3336; Civ. C. '12 § 2362; 1908 
(25) 1209; 1919 (31) 70. 

§ 13-144. Elections at Honea Path and Lamar. 

Upon the petition of twenty-five or more qualified electors who are growers 
and buyers of cotton or cotton growers or cotton buyers, resident within five 
miles of Honea Path in Anderson County or within five miles of Lamar in Darling- 
ton County, the town council of either such town, as the case may be, shall, 
within thirty days after the receipt of such petition, provide for and annually 
conduct an election in the usual manner of elections in such town for a public 
cotton weigher for the town, whose term of office shall be for one year and until 
the election and qualification of his successor. At such election all and only 
cotton growers and cotton buyers who are qualified electors and reside within 
a radius of five miles of the depot in such town shall be entitled to vote. The 
town council shall declare the result of the election and the person receiving 
the highest number of votes shall be the public cotton weigher for the town. 

1942 Code §§ 6409, 6421; 1932 Code §§ 6409, 6421; Civ. C. '22 §§ 3323, 3334; Civ. C. 
'12 §§ 2349, 2361; Civ. C. '02 § 1556; 1889 (23) 87; 1909 (26) 58. 

§ 13-145. Elections in Newberry County. 

Upon a petition signed by twenty-five or more qualified electors who are 
growers and buyers of cotton or growers or buyers of cotton resident in 
Newberry County and patrons of the Prosperity cotton market filed with the 
town council of Prosperity on or before July the first of each year or upon 
a petition signed by twenty or more qualified electors who are growers and 
buyers of cotton or growers or buyers of cotton resident in No. 7 Township 
in said county and patrons of the Chappells cotton market filed in like manner 
with the town council of Chappells, either such town council, as the case may 
be, shall order an election for a cotton weigher for Prosperity or Chappells to 
be held during the month of July each year. Such town council shall appoint 
the managers for such election, two of whom shall reside without the town 
of Prosperity if the election be for said town, and all of whom shall be resi- 
dents of different sections of said No. 7 Township if the election be for Chap- 

13 



§ 13-151 Code of Laws of South Carolina § 13-153 

pells. Such council shall receive the returns and declare the result and the 
person receiving the highest number of votes shall be declared elected public 
cotton weigher for such cotton market. His term of office shall be for one 
year and until the election and qualification of his successor. At such elec- 
tion for a weigher at Prosperity only qualified electors resident in Newberry 
County and who are patrons of the Prosperity cotton market shall be entitled 
to vote and at such election for a weigher at Chap pells only qualified voters 
resident in said No. 7 Township and patrons of the Chappells cotton market 
shall be entitled to vote. The election shall be conducted in all respects 
as now provided by law for general and special elections. 

Each elector offering to vote in the election herein provided for shall, be- 
fore being permitted to vote, take the following oath, to be administered by 
the managers: "I solemnly swear that I am a qualified elector under the laws 
of this State, residing in Nezvberry County (or in No. 7 Township, Nezvberry 
County, as the case may be) and am a patron of the Prosperity (or Chappells) 
cotton market." 

1942 Code §§ 6441, 6444; 1932 Code §§ 6441-6447; Civ. C. '22 §§ 3349-3355; 1912 
(27) 639; 1914 (28) 610. 

Article 3. 

Oath and Bond in Certain Localities. 

§ 13-151. Honea Path, Lamar and Ridge Spring. 

The cotton weigher at Honea Path in Anderson County, Lamar in Darlington 
County and Ridge Spring in Saluda County shall be sworn by the intendants of 
their respective towns and their bonds shall be approved by the respective 
town councils and filed with the clerks of the courts of common pleas for 
Anderson County, Darlington County and Saluda County, respectively. 

1942 Code §§ 6409, 6421, 6453; 1932 Code §§ 6409, 6421. 6453; Civ. C. '22 §§ 3323, 3334, 
3361; Civ. C. '12 §§ 2349, 2361; Civ. C. '02 § 1556; 1S89 (23) 87; 1909 (26) 58; 1917 
(30) 96; 1920 (31) 974; 1921 (32) 260; 1925 (34) 106. 

§ 13-152. Chesterfield and Oconee Counties. 

The weighers in all towns in Chesterfield County where cotton is marketed 

and in Seneca township in Oconee County shall enter into bond to the town 

council of their respective towns and such bonds shall be approved by and 

filed with the respective town council. 

1942 Code §§ 6419, 6449; 1932 Code §§ 6419, 6449; Civ. C. '22 §§ 3332, 3357; Civ. C. '12 
§§ 2350, 2353; 1900 (23) 551; 1903 (23) 177; 1909 (26) 122; 1910 (26) 632; 1912 (27) 641; 
1914 (28) 464; 1918 (30) 871; 1951 (47) 340. 

§ 13-153. Chester. 

The cotton weigher at Chester in Chester County shall, when appointed, 
give bond in such amount as may be required by the governing body of Chester 
County. 

1942 Code § 6418; 1932 Code § 6418; Civ. C. '22 § 3331; Civ. C. '12 § 2357; 1908 (25) 
1198; 1917 (30) 218; 1918 (30) 775; 1920 (31) 105, 844; 1934 (38) 1212; 1944 (43) 2298. 

14 



§ 13-154 Cotton § 13-157 

§ 13-154. Dorchester County. 

Two or more sureties shall be required on the bond of each cotton weigher 

in Dorchester County elected under the provisions of § 13-143. 

1942 Code § 6423; 1932 Code § 6423; Civ. C. '22 § 3336; Civ. C. '12 § 2362; 1908 (25) 
1209; 1919 (31) 70. 

§ 13-155. Calhoun, McCormick and Newberry Counties. 

Before entering upon the duties of their offices the cotton weighers at St. 
Matthews in Calhoun County, at Cameron in Calhoun County, at McCormick in 
McCormick County and at Chappells and Prosperity in Neivberry County shall 
be sworn to discharge the duties of their respective positions by the clerks 
of the court of their respective counties and shall enter into bonds in the sum 
of five hundred dollars each for the faithful performance of their duties. Said 
bonds shall be approved by the clerks of court of said respective counties 
and filed in their offices. In Chappels and Prosperity the oath shall be ad- 
ministered by the intendants of said towns or some other person authorized to 
administer oaths and shall be filed in the office of the clerk of the court of 
common pleas of Neivberry County. 

1942 Code §§ 6412, 6440, 6441, 6444; 1932 Code §§ 6412, 6440-6447; Civ. C. '22 §§ 3349- 
3355; 1912 (27) 639; 1914 (28) 610; 1922 (32) 777, 783; 1934 (38) 1324; 1944 (43) 2275, 2286. 

§ 13-156. GafFney. 

The weigher for Gaffney in Cherokee County, before entering upon the dis- 
charge of his duties, shall enter into bond in the sum of five hundred dollars, 
with sureties to be approved by the governing body of the county, and sub- 
scribe to an oath for the faithful performance of his duties personally or by 
substitute. 

1942 Code § 6417; 1932 Code §§ 6413-6417; Civ. C. '22 §§ 3326-3330; 1915 (29) 383; 
1921 (32) 172. 

§ 13-157. Where one thousand dollar bond required. 

The cotton weighers at Bishopville in Lee County, at Kershazv in the counties 
of Lancaster and Kershaw, at Camden in Kershaw County, at Lancaster and 
Heath Springs in Lancaster County and for Columbia township in Richland 
County shall each give bond with good and sufficient security in the sum of 
one thousand dollars for the faithful performance of their respective duties. 
The bond of the weighers at Bishopville shall be approved by the county super- 
visor. The bond of the weighers at Kershazv shall have a surety company as 
surety and shall be approved by and filed with the town council of said town. 
The bond of the weigher at Camden shall be filed, with sufficient surety, with 
the clerk of court of Kershazv County and be approved by said clerk of court. 

The bonds of the weighers at Lancaster and Heath Springs shall each have 
two or more sureties, shall be payable to the governing body of Lancaster 
County and shall be approved by said body. 

The cotton weigher for Columbia township in Richland County, before re- 
ceiving his commission, shall take and subscribe the oath of office and enter 
into a bond with an approved surety company as surety on his bond payable 

15 



§ 13-161 Code of Laws of South Carolina § 13-165 

to the governing body of the county for the use of any party who may be 

aggrieved. Such bond shall be approved by said body and filed with the clerk 

of court. The premiums on said bond shall be paid by the governing body. 

1942 Code §§6428, 6431, 6451; 1932 Code §§6428, 6431, 6451; Civ. C. '22 §§3340, 3342, 
3359; Civ. C. '12 §§2352, 2355, 2358; Civ. C. '02 §1558; 1899 (22) 194; 1909 (26) 194; 
1910 (26) 710; 1912 (27) 65; 1915 (29) 192; 1920 (31) 925, 974; 1922 (32) 1009; 1930 (36) 
185t5; 1932 (37) 1158; 1944 (43) 1259,2318; 1951 (47) 379. 

Article 4. 

Removal and Vacancies in Certain Localities. 

§ 13-161. Richland and Sumter Counties. 

The governing bodies of Richland and Sumter Counties, respectively, may 

remove from office the cotton weighers elected under the provisions of §§ 13- 

137 and 13-135, after giving at least three days' notice in the case of a weigher 

in Columbia township and ten days' notice in the case of a weigher in Sumter 

County to show cause why he should not be removed, sufficient cause in the 

judgment of such body being shown. Such body may fill any vacancies in 

the manner required in said sections for the election of such cotton weighers. 

1942 Code §§ 6451, 6455; 1932 Code §§ 6451, 6455; Civ. C. '22 §§ 3359, 3363; Civ. C. 
'12 §§ 2355, 2364; 1909 (26) 128; 1910 (26) 710; 1919 (31) 261; 1920 (31) 925, 1119. 

§ 13-162. Chester County. 

The Governor may remove the cotton weigher appointed for the city of 

Chester or any town in Chester County under § 13-138 for cause. In case of 

such removal or of the death or resignation of the weigher, the Governor may 

appoint a weigher for the remainder of the term upon the recommendation of 

the legislative delegation for Chester County. 

1942 Code § 6418; 1932 Code § 6418; Civ. C. '22 § 3331; Civ. C. '12 § 2357; 1908 (25) 
1198; 1917 (30) 218; 1918 (30) 775; 1920 (31) 105, 844; 1934 (38) 1212; 1944 (43) 2298. 

§ 13-163. Chesterfield County. 

Any vacancy in any office of weigher in Chesterfield County shall be filled 
for the unexpired term by appointment by the Governor upon the recommen- 
dation of the legislative delegation from said county. 

1942 Code § 6419; 1932 Code § 6419; Civ. C. '22 § 3332; Civ. C. '12 § 2353; 1909 (26) 
122; 1910 (26) 632; 1912 (27) 641; 1914 (28) 464; 1918 (30) 871; 1942 (42) 1706; 1943 
(43) 98; 1944 (43) 2280. 

§ 13-164. Blank. 

§ 13-165. Edgefield County. 

In case of a vacancy in the office of cotton weigher at Johnston, Edgefield, or 
Trenton in Edgefield County the office shall be filled by appointment within 
thirty days by a majority vote of the members of the governing body of the 
county and the county supervisor. However, should the governing body and 
the county supervisor deem it advisable to fill such unexpired term of office 
by means of electing some person to the office they may call an election for 
that purpose. Any such election shall be held in the manner and under the 

16 



§ 13-166 Cotton § 13-174 

same rules, regulations and conditions prescribed in § 13-140 for the election 
of a cotton weigher to a regular or full term of office in said towns. But 
under no circumstances shall the office remain vacant for more than thirty 
days, it being mandatory that the same be filled within that time by one of 
the two above stipulated methods. 

1942 Code §§ 6424, 6424-1. 6424-2; 1932 Code § 6424; 1930 (36) 1240; 1933 (38) 133, 
338. 339; 1938 (40) 1756. 1795. 1807: 1946 (44) 1347. 

Cross references. — As to two-year ap- this chapter to all cotton stored or sold in 
pointments in Edgefield County, see § 13- warehouses, see § 13-244. 
133. As to applicability of provisions of 

§ 13-166. Kingstree. 

In case of vacancy in the office of cotton weigher at Kingstree in Williamsburg 

County the office shall be filled for the unexpired term by appointment by the 

Governor upon the recommendation of the Senator and a majority of the 

house legislative delegates for Williamsburg County. 

1942 Code § 6456; 1932 Code § 6456; Civ. C. '22 § 3364; 1918 (30) 761; 1919 (31) 
70; 1944 (43) 2273. 

Article 5. 

Deputies or Substitutes in Certain Localities. 

§ 13-172. Columbia township, Richland County. 

The public cotton weigher elected for Columbia township of Richland County 

under the provisions of § 13-137 may, in case of necessary absence by reason 

of sickness or other cause, appoint a deputy to serve in his place during such 

absence. Such appointment shall be approved by the governing body of 

Richland County. The deputy shall take the usual oath of office and the cotton 

weigher shall be responsible on his bond for the official acts of his deputy. Said 

cotton weigher must employ one assistant for every day from September 1st to 

December 31st and may have other assistants during the year. 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ. C. '12 § 2355; 1910 
(26) 710; 1920 (31) 925. 

§ 13-173. Darlington. 

The public cotton weigher appointed for the town of Darlington in Darling- 
ton County may appoint a deputy or deputies to act in his stead and assist 
him in the discharge of the duties of the office. 

1942 Code § 6421-1; 1937 (40) 403. 

§ 13-174. For city of Sumter. 

The cotton weigher for the city of Sumter may appoint a deputy during the 
rush season to the end that the cotton of the farmers of the county may be 
weighed expeditiously and without delay. 

1942 Code § 6455; 1932 Code § 6455; Civ. C. '22 § 3363; Civ. C. '12 § 2364; 1909 (26) 128; 
1919 (31) 261; 1920 (31) 1119; 1947 (45) 1505. 
[2 SC Code]— 2 17 



§ 13-175 Code of Laws of South Carolina § 13-184 

§ 13-175. Gaffney. 

The weigher elected under the provisions of § 13-132 for Gaffney in Cherokee 
County may appoint a substitute in case of his disability from any cause and 
may employ such help as may be necessary to handle such cotton expedi- 
tiously. Such help shall be paid at a rate of not more than one dollar and 
twenty-five cents per day to be paid out of the ordinary funds of said county. 
Any such substitute shall take the same oath required of the weigher. 

1942 Code § 6417; 1932 Code §§ 6413-6417; Civ. C. '22 §§ 3326-3330; 1915 (29) 383; 
1921 (32) 172. 

Article 6. 

Platforms and Scales in Certain Localities. 

§ 13-181. Weighers to furnish platform in certain places in Cherokee, Dorches- 
ter, Kershaw and Sumter Counties. 

The cotton weighers at Gaffney in Cherokee County, Camden in Kershaw 
County and in the several towns in Dorchester County and Sumter County for 
which weighers are elected shall provide their own platforms, scales and other 
equipment and facilities to perform the duties required of them. 

Said platforms in Sumter County shall have sufficient facilities, including 
a set of scales for each weigher, so that the cotton shall be expeditiously han- 
dled at a minimum cost. 

1942 Code §§6423, 6455; 1932 Code §§6423, 6455; Civ. C. '22 §§3336, 3363; Civ. C. '12 
§§2362, 2364; 1908 (25) 1209; 1909 (26) 128; 1919 (31) 70, 261; 1920 (31) 1119; 1951 (47) 
379. 

§ 13-182. Cotton left on platforms in Sumter County. 

No cotton shall be allowed to remain on the platform of any cotton weigher 

in Sumter County longer than twenty-four hours except upon being subject 

to a charge of one-half of one cent per bale for each day or fractional part 

thereof in excess of twenty-four hours up to five days and of one cent per bale 

for each succeeding day or fractional part thereof. 

1942 Code § 6455; 1932 Code § 6455; Civ. C. '22 § 3363; Civ. C. '12 § 2364; 1909 
(26) 128; 1919 (31) 261; 1920 (31) 1119. 

§ 13-183. Same; at Camden. 

The cotton weigher at Camden in Kershaw County may remove or have re- 
moved all cotton placed on his platform after it has remained there twenty-four 
hours after it has been weighed. 

1951 (47) 379. 

§ 13-184. Contracts for platforms in Sumter County. 

The governing body of Sumter County may enter into a binding and valid 
contract for a term of years not exceeding ten with any person to furnish 
a platform of such size and capacity as such body may deem sufficient for the 
expeditious handling of the cotton coming into the cotton market at any place 
in said county for which a cotton weigher shall have been elected and for 
services in handling the cotton on such platform. For the use of such plat- 

18 [2SCCode] 



§ 13-184.1 Cotton § 13-189 

form and services such person shall receive as compensation a sum not ex- 
ceeding one-half of the charge made in such county for the weighing of cot- 
ton, which shall be fixed by the governing body and paid by the weigher 
weighing such cotton. 

1942 Code § 6455; 1932 Code § 6455; Civ. C. '22 § 3363; Civ. C. '12 § 2364; 1909 
(26) 128; 1919 (31) 261; 1920 (31) 1119. 

§ 13-184.1. Renting platform in city of Sumter. 

The governing body of Sumter County may enter into an agreement for the 
renting of the platform for the weighing of cotton in the city of Sumter. 

1947 (45) 1505. 

§ 13-185. Gaffney. 

At Gaffney the governing body of Cherokee County shall provide suitable 

platforms for holding cotton weighed, but the weigher or his substitute shall 

provide scales and platform for the handling of such cotton to be paid for 

by such body out of the ordinary fund of said county. But before any such 

contract is made for the use of scales and platform the governing body must 

approve the same. 

1942 Code § 6417; 1932 Code §§ 6413-6417; Civ. C. '22 §§ 3326-3330; 1915 (29) 383; 1921 
(32) 172. 

§ 13-186. Blank. 

§ 13-187. Expense of platform at Latta. 

The cotton buyers in Latta when jointly furnishing a platform shall share 
equally in the expenses of constructing and maintaining the same. 

1942 Code § 6422; 1932 Code § 6422; Civ. C. '22 § 3335; 1920 (31) 1562; 1948 (45) 2056. 

§ 13-188. Columbia ; platform ; night watchman. 

The governing body of Richland County shall cause to be maintained a pub- 
lic cotton platform adequate to hold not less than three thousand bales of 
cotton. Said platform shall have a substantial roof, a sufficient number of 
suitable scales and a sprinkler attachment for fire protection and shall be 
located in Columbia as accessible as possible to the cotton compress of the 
Columbia Compress Company and also to the neighboring warehouses of 
the Standard Warehouse Company and to the railroads, for the convenient 
handling of cotton from such platform to either of said buildings and to 
freight trains. The platform shall be open and accessible to wagons. The 
cost of maintenance of such platform shall be paid by the said governing 
body out of funds in its hands. The cotton weigher at Columbia shall have a 
night watchman on duty at such platform from sunset to sunrise of every- 
day . 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ. C. '12 § 2356; 1910 
(26) 710. 

§ 13-189. Cotton left on platform at Columbia. 

For such cotton as may remain on the platform for more than three days 
the cotton weigher for Columbia township in Richland County shall collect an 

19 



§ 13-190 Code of Laws of South Carolina § 13-195 

additional charge of one cent per bale for every additional day, to be paid 

by the owner. All cotton weighed on said platform shall be at the risk of 

the weigher, loss by fire excepted, for the first three days and thereafter at the 

risk of the owner. 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ. C. '12 § 2355; 1910 (26) 
710; 1920 (31) 925. 

§ 13-190. Blank. 

§ 13-191. Chester. 

The governing body of Chester County shall furnish the cotton weigher at 
Chester with standard visible scales and, upon the application of the weigher, 
shall keep the same in repair. 

1942 Code § 6418; 1932 Code § 6418; Civ. C. '22 § 3331; Civ. C. '12 § 2357; 1908 

(25) 1198; 1917 (30) 218; 1918 (30) 775; 1920 (31) 105, 844; 1934 (38) 1212; 1944 (43) 
2298. 

§ 13-192. Daily tests of scales in certain places. 

The cotton weighers at Honca Path in Anderson County, at St. Matthews and 
at Cameron in Calhoun County, at Lamar and Darlington in Darlington County, 
at Swansea in Lexington County, at McCormick in McCormick County, at Chap- 
pells and Prosperity in Newberry County and at Ridge Spring in Saluda County 
shall test their scales every morning before weighing cotton so as to insure 
accuracy. 

1942 Code §§ 6409, 6412, 6421, 6421-1, 6437. 6440. 6441, 6444, 6453; 1932 Code §§ 6409, 
6412, 6421, 6437, 6438, 6441-6447, 6453; Civ. C. '22 §§3323. 3334. 3346. 3347, 3349-3355, 
3361; Civ. C. '12 §§ 2349, 2354, 2361; Civ. C. '92 § 1556; 1889 (23) 87; 1908 (25) 
1210; 1909 (26) 58; 1910 (26) 640; 1912 (27) 639; 1914 (28) 610; 1917 (30) 96, 220; 
1920 (31) 974; 1921 (32) 260: 1922 (32) 777, 783; 1925 (34) 106; 1931 (.37) 139; 
1933 (38) 44; 1934 (38) 1324; 1937 (40) 403; 1944 (43) 2275, 2283, 2286. 

§ 13-193. Inspection of scales in Chesterfield County. 

The scales of each cotton weigher appointed in Chesterfield County under the 
provisions of § 13-138 shall be subject to inspection at all times. 

1942 Code § 6419; 1932 Code § 6419; Civ. C. '22 § 3332; Civ. C. '12 § 2353: 1909 

(26) 122; 1910 (26) 632; 1912 (27) 641: 1914 (28) 464; 1918 (30) 871; 1944 (43) 2280. 

§ 13-194. Testing scales in Dorchester County. 

The scales of all cotton weighers in Dorchester County elected under the 

provisions of § 13-143 shall be tested by the clerk of court. 

1942 Code § 6423; 1932 Code § 6423; Civ. C. '22 § 3336; Civ. C. '12 § 2362; 1908 (25) 
1209; 1919 (31) 70. 

§13-195. Same; in Sumter County. 

Each cotton weigher in Sumter County elected under the provisions of 

§ 13-135 shall test his scales once a month by the standards in the office of the 

clerk of the court. 

1942 Code § 6455; 1932 Code § 6455; Civ. C. '22 § 3363; Civ. C. '12 § 2364; 1909 (26) 
128; 1919 (31) 261; 1920 (31) 1119. 

20 



§ 13-196 Cotton § 13-204 

§ 13-196. Same; at Columbia. 

The cotton weigher for Columbia township in Richland County shall fre- 
quently test the scale or scales at the platform provided for him by the gov- 
erning body of such county and keep them accurate. 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ. C. '12 § 2356; 1910 (26) 710. 

Article 7. 

Duties oj Weighers in Certain Localities. 

§ 13-201. Adjustments in certain localities. 

The cotton weighers at Honea Path in Anderson County, at Darlington and 
Lamar in Darlington County, at Sivansea in Lexington County, at Chappells and 
Prosperity in Newberry County, at Ridge Spring in Saluda County and in Sum- 
ter County and, when requested so to do, the cotton weighers at St. Matthews 
and Cameron in Calhoun County and at McCormick in McCormick County shall 
finally adjust and settle all differences or disputes between buyers and sellers 
as to proper deductions to be allowed from water, dampness, damaged cot- 
ton or false packing. 

1942 Code §§ 6409, 6412, 6421, 6421-1, 6437, 6440, 6441, 6444, 6453; 1932 Code §§ 6409, 
6412, 6421, 6437, 6438, 6440-6447. 6453; Civ. C. '22 §§ 3323, 3334, 3346, 3347, 3349- 
3355, 3361; Civ. C. '12 §§ 2349, 2354, 2361; Civ. C. '02 § 1556; 1889 (23) 87; 1908 (25) 
1210; 1909 (26) 58; 1910 (26) 640; 1912 (27) 639; 1914 (28) 610; 1917 (30) 96, 220; 
1920 (31) 974; 1921 (31) 260; 1922 (32) 777, 783; 1925 (34) 106; 1931 (37) 139; 1933 
(38) 44; 1934 (38) 1324; 1937 (40) 403: 1944 (43) 2275, 2283, 2286. 

§ 13-202. Same; in Chesterfield County. 

The cotton weigher in each town in Chesterfield County appointed under the 

provisions of § 13-138 shall adjust all differences between buyer and seller as 

to moisture and dampness of cotton and similar matters. 

1942 Code § 6419; 1932 Code § 6419; Civ. C. '22 § 3332; Civ. C. '12 § 2353; 1909 (26) 
122; 1910 (26) 632; 1912 (27) 641; 1914 (28) 464; 1918 (30) 871; 1944 (43) 2280. 

§ 13-203. Same; at Camden. 

The cotton weigher at Camden in Kershaw County shall make any necessary 
and proper allowances and deductions in the weight of cotton when the 
cotton shall be found by him to be wet and to require such deductions. All 
deductions or allowances made by him shall be binding on the seller and the 
buyer alike. 

1951 (47) 37? 

§ 13-204. Same ; at certain other localities. 

The cotton weighers at Kershaw in Lancaster and Kershaw Counties, at Sen- 
eca in Oconee County, and for Columbia township in Richland County shall ad- 
just any differences between buyers and sellers as to moisture, dampness, mix- 
ture of different kinds or grades of cotton or false packing and in the case of 
said cotton weigher at Kershaw as to other similar matters. 

1942 Code §§6428, 6449, 6451; 1932 Code §§6428, 6449, 6451; Civ. C. '22 §§3340, 3357, 
3359; Civ. C. '12 §§2350. 2355, 2358; 1900 (23) 551; 1903 (23) 177; 1909 (26) 194; 1910 
(26) 710; 1912 (27) 65; 1915 (29) 192; 1920 (31) 925; 1922 (32)) 1009; 1930 (36) 1856; 
1932 (37) 1158; 1951 (47) 340. 

21 



§ 13-205 Code of Laws of South Carolina § 13-209 

§ 13-205. Marking in Edgefield, Lancaster, Marlboro and Saluda Counties. 

The cotton weighers in Edgefield County, except at Johnston, at Heath 
Springs and Lancaster in Lancaster County, in Marlboro County and in Saluda 
County shall mark each bale weighed in plain letters and numbers as re- 
quired by the buyer. 

1942 Code §§ 6425, 6431, 6439, 6454; 1932 Code §§ 6425, 6431, 6439, 6454; Civ. C. '22 
§§ 3337, 3342, 3348, 3362; Cr. C. '22 § 538; Civ. C. '12 § 2352; Civ. C. '02 § 1558; 1899 (22) 
194: 1920 (31) 843, 974; 1921 (32) 260; 1922 (32) 1009; 1925 (34) 106; 1927 (35) 240. 

Cross references. — As to two-year ap- of this chapter to all cotton stored or sold 
pointments in Edgefield County, see § 13- in warehouses, see § 13-244. 
133. As to applicability of the provisions 

§ 13-206. Issuance of tickets at Seneca. 

The cotton weigher at Seneca in Oconee County shall weigh all cotton 

brought to Seneca for sale fairly and promptly, issuing a ticket therefor which 

shall show the weight of each bale. 

1942 Code §6449; 1932 Code §6449; Civ. C. '22 §3357; Civ. C. '12 §2350; 1900 (23) 
551; 1903 (23) 177; 1951 (47) 340. 

§ 13-207. Marketing, inspecting, etc., in Orangeburg County. 

The public cotton weighers of Orangeburg County, except in the city of 

Orangeburg, shall without additional compensation to that provided by § 13- 

227 weigh, tag, mark and inspect for water the cotton weighed by them. 

1942 Code § 6447; 1932 Code § 6448; Civ. C. '22 § 3356; 1918 (30) 842; 1919 (31) 
234; 1928 (35) 1160; 1929 (36) 66; 1940 (41) 1872. 

Cross reference. — As to standard weights 
and measures of cottonseed, see § 66-157. 

§ 13-208. Same ; at Kershaw. 

The cotton weigher at Kershazv in the counties of Lancaster and Kershaw 

shall weigh the cotton fairly and promptly and issue a ticket therefor, which 

shall have on it the names of the buyer and seller and the weight of each bale. 

1942 Code § 6428; 1932 Code § 6428; Civ. C. '22 § 3340; Civ. C. '12 § 2358; 1909 (26) 
194; 1912 (27) 65; 1915 (29) 192; 1922 (32) 1009; 1930 (36) 1856; 1932 (37) 1158. 

§ 13-209. Same; at Columbia. 

The cotton weigher for Columbia township in Richland County shall weigh 
promptly and fairly all cotton offered to him and mark each bale of cotton 
as indicated by tag of the buyer and the number of each bale of cotton. 
He shall keep together all the cotton of the several buyers separate and apart 
from each other, so as to facilitate prompt shipment, and issue tickets show- 
ing the number, mark and weight of every bale weighed by him. He shall 
represent neither buyer nor seller of the cotton weighed nor be interested in 
any purchase or sale, except in cotton from his own farm. He shall weigh, 
inspect and sample before sale every bale of cotton brought to his platform 
for sale and no cotton shall be sold until after it has been so weighed and in- 
spected. 

1942 Code § 6451; 1932 Code § 6451; Civ. C. '22 § 3359; Civ. C. '12 § 2355; 1910 
(26) 710; 1920 (31) 925. 

22 



§ 13-210 Cotton § 13-224 

§ 13-210. Same ; in Sumter County. 

Each weigher in Sumter County shall weigh fairly and promptly all cotton 

sold in his market, issuing his own ticket therefor showing the weight of each 

bale or package of cotton weighed. Each weigher shall number and mark, 

at the time of weighing, with not more than three letters, as indicated by tags 

or other instructions of the buyer, each bale of cotton and shall keep the 

cotton of each buyer together to facilitate prompt shipment. Regular buyers 

and exporters of cotton shall furnish stencils and marking materials for 

properly marking and numbering the cotton bought by them. 

1942 Code § 6455; 1932 Code § 6455; Civ. C. '22 § 3363; Civ. C. '12 § 2364; 1909 (26) 
128; 1919 (31) 261; 1920 (31) 1119. 

§ 13-211. Duties at Gaffney. 

The weigher at Gaffney in Cherokee County, or his substitute, shall weigh 

correctly all cotton bought and sold on his market and settle all questions of 

tare loss or damage between the buyer and seller which may be referred to 

him by either. He shall furnish both a certificate of the number of each bale. 

its weight and the amount of tare loss or damage, retaining a stub showing the 

same facts with corresponding numbers on each. 

1942 Code § 6417; 1932 Code §§ 6413-6417; Civ. C. '22 §§ 3326-3330; 1915 (29) 383; 
1921 (32) 172. 

Article 8. 

Compensation and Charges in Certain Localities. 

§ 13-221. Five cents per bale at Honea Path. 

The cotton weigher at Honea Path in Anderson County shall receive as com- 
pensation for his services not exceeding five cents per bale for each bale of 
cotton weighed, one-half to be paid by the buyer and one-half by the seller. 

1942 Code § 6409; 1932 Code § 6409; Civ. C. '22 3323; Civ. C. '12 § 2349; Civ. C. 
'02 § 1556; 1889 (23) 87. 

§ 13-222. Six cents at Lamar. 

The cotton weigher at Lamar in Darlington County shall receive as compen- 
sation for his services not exceeding six cents per bale for each bale of cotton 
weighed, one-half to be paid by the buyer and one-half by the seller. 

1942 Code § 6421; 1932 Code § 6421; Civ. C. '22 § 3334; Civ. C. '12 § 2361; 1909 
(26) 58. 

§ 13-223. Eight cents in Chesterfield County. 

Each cotton weigher in Chesterfield County shall receive as compensation 

for his services eight cents per bale for each bale of cotton weighed, one-hall 

to be paid by the buyer and one-half by the seller. 

1942 Code § 6419; 1932 Code § 6419; Civ. C. '22 § 3332; Civ. C. '12 § 2353; 1909 (26) 
122; 1910 (26) 632; 1912 (27) 641; 1914 (28) 464; 1918 (30) 871; 1942 (42) 1706; 1943 
(43) 98; 1944 (43) 2280. 

§ 13-224. Where charge ten cents. 

The cotton weighers at Darlington in Darlington County, in Florence County 
at Kershaw in the counties of Lancaster and Kershaw, at Chappells and Prosperity 

23 



§ 13-225 Code of Laws of South Carolina § 13-227 

in Newberry County and at Seneca in Oconee County shall receive as com 
pensation for their services ten cents per bale for each bale weighed by them. 
Such compensation shall be paid one-half by the buyer and one-half by the 
seller. 

The seller and buyer of any cotton on the market at Gaffncy shall each pay 
to the weigher five cents per bale for each bale weighed, to be turned over by 
him to the county treasurer monthly. On the 15th day of June in every year, 
after deducting the expenses for salaries, labor and charges for scales and 
platform, any balance shall be converted into the ordinary funds of the county. 
The governing body of Cherokee County may fix the compensation of the cot- 
ton weigher at Gaffney. 

1942 Code §§ 6417, 6421-1, 6426, 6428, 6441, 6444, 6449; 1932 Code §§ 6408, 6413-17, 
6426, 6428, 6441-6447, 6449; Civ. C. '22 §§ 3326-3330, 3338, 3340, 3349-3355, 3357; Civ. 
C. '12 § 2350, 2358; 1900 (23) 551; 1903 (23) \77; 1909 (26) 194; 1912 (27) 65, 639; 
1914 (28) 610; 1915 (29) 192, 383; 1920 (31) 843; 1921 (32) 172; 1922 (32) 1009; 1930 
(36) 1856; 1932 (37) 1158; 1936 (39) 1304, 1608; 1937 (40) 384, 403; 1944 (43) 2301; 
1947 (45) 256; 1951 (47J 340. 

§ 13-225. Where fifteen cents. 

The compensation of the cotton weigher at Kingstree in Williamsburg Coun- 
ty shall be, and the compensation of the cotton weighers in Dorchester County 
shall not exceed, fifteen cents per bale for each bale of cotton weighed by each 
such weigher respectively, seven cents to be paid by the seller and eight cents 
by the buyer. 

1942 Code §§ 6423, 6456; 1932 Code §§ 6423, 6456; Civ. C. '22 §§ 3336, 3364; Civ. C. 
'12 § 2362; 1908 (25) 1209; 1918 (30) 761; 1919 (31) 70; 1944 (43) 2273. 

§ 13-226. Sixteen cents in Chester and Greenwood Counties. 

The cotton weigher at Chester and any other cotton weighers in Chester 
County appointed under the provisions of § 13-138 shall receive such compen- 
sation as shall be fixed by the governing body of the county not in excess of 
sixteen cents per bale for each bale of cotton weighed, one-half to be paid 
by the seller and one-half by the buyer. 

All cotton weighers in Greenwood County shall be paid for weighing cotton 

sixteen cents per bale for each bale weighed, one-half to be paid by the buyer 

and one-half by the seller. 

1942 Code §§ 6418, 6427; 1932 Code §§ 6418, 6427; Civ. C. '22 §§ 3331, 3339; Civ. 
C. '12 § 2357; 1908 (25) 1198; 1917 (30) 218; 1918 (30) 775; 1920 (31) 105, 844, 860; 1934 
(38) 1212; 1944 (43) 2298. 

§ 13-227. Where twenty cents. 

The cotton weighers in the counties of Edgefield (except in the town of 
Johnston), Marlboro, Orangeburg, Saluda, Sumter and York shall be paid for 
their services twenty cents for every bale of cotton weighed by them, respec- 
tively, one-half to be paid by the seller and one-half by the buyer. 

The cotton weighers at Wegener in Aiken County, St. Matthews and Cam- 
eron in Calhoun County and at Swansea in Lexington County shall receive as 
compensation for their respective services not exceeding twenty cents per 

24 



§ 13-228 Cotton § 13-229 

bale for each bale of cotton weighed by them, respectively, one-half to be paid 
by the buyer and one-half by the seller. 

The respective governing bodies of Lancaster County and of McCormick 
County shall fix the compensation to be received by the cotton weighers at 
Heath Springs and Lancaster in Lancaster County and at McCormick in Mc- 
Cormick County, respectively, not to exceed twenty cents for each bale weighed 
by them, ten cents of which shall be paid by the seller and ten cents by the 
buyer. 

1942 Code §§6408, 6412, 6424, 6424-1, 6424-2. 642S, 6426, 6431. 6437, 6439, 6440, 6447. 
6454, 6455; 1932 Code §§ 6408. 6412. 6424, 6425, 6426, 6431, 6437-6439, 6440, 6448, 6454, 
6455; Civ. C. '22 §§3337, 3338, 3342, 3346-3348. 3356. 3362, 3363; Cr. C. '22 §538: Civ. C. 
'12 §§2352. 2354, 2364; Civ. C. '02 §1558; 1899 (22) 194; 1908 (25") 1210; 1909 (26) 128: 
1910 (26) 640: 1917 (30) 220; 1918 (30) 842; 1919 (31) 234, 261: 1920 (31) 843, 974. 1119: 
1921 (32) 260: 1922 (32) 777. 783, 1009; 1924 (33) 1052, 1178: 1925 (34) 106: 1927 (35) 
240; 1928 (35) 1160; 1929 (36) 66; 1930 (36) 1240; 1931 (37) 139; 1933 (38) 44, 133, 338. 
339; 1934 (38) 1324; 1936 (39) 1304, 1608: 1937 (40) 384; 1938 (40) 1756, 1795, 1807; 1940 
(41) 1872; 1944 (43) 1259, 2275, 2283, 2286, 2300: 1946 (44) 1347; 1947 (45) 256; 1950 (46) 
2322. 

Cross references. — As to two-year ap- of provisions of this chapter to all cotton 
pointments of cotton weighers in Edgefield stored or sold in warehouses, see § 13-244. 
County, see § 13-133. As to applicability 

§13-228. Where thirty cents. 

It shall be unlawful for any cotton weigher in Dillon County to charge in 
excess of thirty cents per bale for weighing cotton, one-half of which shall 
be paid by the buyer and one-half by the seller. 

The cotton weigher at Camden in Kershaw County shall receive thirty cents 
per bale for each bale of cotton weighed by him, fifteen cents to be paid by 
the buyer and fifteen cents to be paid by the seller. 

The cotton weigher for Columbia township in Richland County shall receive 
and charge for his services and the use of the platform thirty cents for each 
bale weighed by him, fifteen cents to be paid by the seller and fifteen cents 
to be paid by the buyer. He shall render to the governing body of the county 
a monthly statement of the cotton weighed by him and shall pay to such body 
as compensation for the use of the platform one cent per bale for all cotton 
weighed and one-half the amount collected for cotton remaining on the plat- 
form more than three days. All other receipts shall be retained by the cotton 
weigher for his compensation and expenses. 

1942 Code §§ 6422, 6429, 6451; 1932 Code §§ 6422, 6451; Civ. C. '22 §§ 3335, 3359; Civ. C. 
'12 §2355; 1910 (26) 710; 1920 (31) 925, 1562; 1938 (40) 1588; 1948 (45) 2056; 1951 (47) 
379. 

§ 13-229. Compensation in Lee County. 

The compensation for cotton weighers in Lee County shall be fixed by the 
governing body of said county in such amount as it shall deem proper and 
just. One-half of such compensation shall be paid by the seller and one-half 
by the buyer of cotton weighed by the respective weighers. 

1942 Code § 6433; 1932 Code § 6433; 1927 (35) 240. 

25 



§ 13-230 Code of Laws of South Carolina § 13-244 

§ 13-230. Penalty for overcharge in Saluda County. 

Any cotton weigher in Saluda County charging as compensation for his serv- 
ices in weighing cotton in excess of the amount fixed in § 13-227 shall be, for 
each offense, guilty of a misdemeanor and, upon conviction, shall be fined in a 
sum of not less than five dollars nor more than twenty-five dollars or im- 
prisoned for not more than thirty days. 

1942 Code § 64S4; 1932 Code § 64S4; Civ. C. '22 § 3362; Cr. C. '22 § 538; 1921 (32) 260; 
1925 (34) 106. 

Article 9. 

Miscellaneous Local Provisions. 

§ 13-241. Unofficial persons not to weigh cotton in Dorchester and Lancaster 
Counties. 
Any other person than a duly elected and commissioned cotton weigher 
charging or receiving any sum of money or other valuable consideration 
for weighing cotton in Dorchester County or Lancaster County shall be guilty 
of a misdemeanor and, upon conviction thereof, shall be fined a sum not ex- 
ceeding one hundred dollars or imprisoned for a term not exceeding thirty 
days. 

1942 Code §§ 6423, 6431; 1932 Code §§ 6423, 6431; Civ. C. *22 §§ 3336, 3342; Civ. C. '12 
§§ 2352, 2362; Civ. C. '02 § 1558; 1899 (22) 194; 1908 (25) 1209; 1919 (31) 70; 1920 
(31) 974; 1922 (32) 1009. 

§ 13-242. Liability of weigher at Kershaw. 

In the event either a buyer or seller suffers loss or is injured on account 

of the negligence, carelessness or incapacity of the weigher at Kershaw in 

Kersliazv and Lancaster Counties or from inattention to his duties, such weigher 

and his bondsman shall be held liable to the extent of such loss or injury. 

1942 Code § 6428; 1932 Code § 6428; Civ. C. '22 § 3340; Civ. C. '12 § 2358; 1909 
(26) 194; 1912 (27) 65; 1915 (29) 192; 1922 (32) 1009; 1930 (36) 1856; 1932 (37) 1158. 

§ 13-243. Same ; in Oconee County. 

When any false weighing or omission of duty on the part of the weigher 

at Seneca in Oconee County occurs, whereby either buyer or seller suffers loss 

or is injured, such weigher and his bondsmen shall be held liable to the extent 

of such loss or injury. 

1942 Code §6449; 1932 Code §6449; Civ. C. '22 §3357; Civ. C. '12 §2350; 1900 (23) 
551; 1903 (23) 177; 1951 (47) 340. 

§ 13-244. Weighers for warehouses in Edgefield and Marlboro Counties. 

In the county of Edgefield the provisions of this chapter shall apply to all 
cotton sold or stored in warehouses. Upon petition of the operator or owner 
of any public cotton warehouse in Marlboro County showing that necessity 
or convenience of the public so demands, the governing body of Marlboro 
County may, if in its judgment it be advisable, appoint a public cotton weigher 
for such warehouse. And in said county when cotton is stored in a ware- 
house chartered and operating under the United States Warehouse Act or 

26 



§ 13-245 Cotton § 13-250 

under the State Warehouse Act and is sold to any buyer or is delivered by the 

seller at such warehouse for storage, for account of the bm-er, such cotton 

need not be weighed by the public weigher unless the buyer or seller shall 

demand it, but may be weighed at the warehouse by its authorized weigher. 

But in no case shall a seller be denied the privilege of having his cotton 

weighed by a sworn weigher. 

1942 Code §§ 6402, 6404, 6405; 1932 Code §§ 6402, 6404, 6407; Civ. C. '22 §§ 3317, 
3319, 3322; Civ. C. '12 §§ 2343, 2345, 2348; Civ. C. '02 §§ 1552, 1554, 1555; 1896 (22) 
57, 58; 1897 (22) 433; 1898 (22) 802; 1901 (23) 729, 730; 1902 (23) 1175; 1904 (24) 
410, 431; 1906 (25) 140. 141, 142; 1907 (25) 609; 1908 (25) 1043; 1909 (26) 183: 1910 
(26) 715; 1911 (27) 36, 37; 1915 (29) 67; 1917 (30) 219; 1925 (34) 292; 1927 (35) 240, 
293: 1929 (36) 104; 1930 (36) 1128; 1931 (37) 370. 

§ 13-245. Other persons may weigh cotton at Chappells. 

Nothing in this chapter shall be construed to prevent any person other than 
the regular cotton weigher from weighing cotton at Chappells. 

1942 Code § 6444; 1932 Code §§ 6444-6447; Civ. C. '22 §§ 3352-3355; 1914 (28) 610. 

§ 13-246. Application of provisions to cotton mills in Orangeburg County. 

Notwithstanding the provisions of § 13-106, the provisions of this chapter 

shall apply to sales made at cotton mills in the county of Orangeburg. 

1942 Code § 6404; 1932 Code § 6404; Civ. C. '22 § 3319: Civ. C. '12 § 2345; Civ. C. 
'02 § 1554; 1896 (22) 58; 1901 (23) 729; 1906 (25) 141; 1925 (34) 292; 1931 (37) 370. 

§ 13-247. Blank. 

§ 13-248. Blank. 

§ 13-249. All sales at Columbia to be at public platform. 

All cotton in wagons or street cotton sold in the city of Columbia or Columbia 
township of Richland County shall be brought to the platform of the cotton 
weigher for Columbia township for sale and no cotton in bales shall be sold 
in Columbia township by any seller except upon certificate that it has been 
weighed and inspected as required by § 13-209. But the provisions of this 
section shall not apply to cotton sold by regular cotton dealers out of rec- 
ognized cotton warehouses or cotton compresses in Columbia township. Any 
person who shall sell or buy in Columbia township any cotton bale contrary 
to the provisions of this section shall be guilty of a misdemeanor and, upon 
conviction, shall be punished by a fine of not exceeding fifty dollars or im- 
prisoned for not exceeding ten days for each offense. 

1942 Code §§ 6451, 6452; 1932 Code §§ 6451, 6452; Civ. C. '22 §§ 3359, 3360; Civ. C. 
'12 §§ 2355, 2356; 1910 (26) 710; 1920 (31) 925. 

Cross reference. — As to penalty for public weigher has been elected, see § 13- 
weighing cotton in any cotton market where 118. 

§ 13-250. Only buyer to sample in Camden. 

In Camden only the buyer shall take a sample from each bale of cotton. 
1951 (47) 379. 

27 



§ 13-251 Code of Laws of South Carolina § 13-264 

§ 13-251. Weighing without charge at Darlington. 

Nothing in §§ 13-131, 13-173, 13-192, 13-201 or 13-224 shall prevent one in 
Darlington County from weighing cotton by him purchased, or having it 
weighed, when no charge is made therefor. 

1942 Code § 6421-1; 1937 (40) 403. 

Article 10. 

Provisions Applicable in Townships Containing Cities Over Twenty Thousand 
and Under Fifty Thousand. 

§13-261. Application of article. 

In every city of more than twenty thousand and less than fifty thousand 

inhabitants, as shown by the last preceding United States census, and within 

the township in which such city is situated the purchase and sale of cotton 

in bales shall be regulated by the provisions of this article. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-262. Platform and scales. 

The governing body of the county in which any such city is located shall 
cause to be maintained a public cotton platform adequate to hold not less than 
three thousand bales of cotton. The platform shall have a substantial roof, a 
sufficient number of suitable scales and shall be located as accessibly as 
possible to the railroads and to the neighboring cotton warehouses and com- 
presses, if any, for the convenient handling of cotton from platform to 
freight trains and to such cotton warehouses or compresses. The platform 
shall be open and accessible to wagons and the cost of maintenance of the same 
shall be paid by the governing body of the county out of funds in its hands. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-263. Election, term and qualification of weigher. 

The governing body of the county in which any such city is located shall, 

on or before the first day of July 1955 and every four years thereafter, elect 

and commission for the term of four years one cotton weigher for such city 

and township. Such cotton weigher shall not be related within the sixth 

degree to any member of said governing body. 

1942 Code §6458; 1932 Code §§6458-6460; Civ. C. '22 §§3365-3367; Civ. C. '12 §§2367- 
2369; 1911 (27) 34. 

§ 13-264. Oath and bond. 

Such cotton weigher, before receiving his commission, shall take and sub- 
scribe to the oath of office and enter into a bond with an approved surety 
company as surety in the sum of one thousand dollars for the faithful per- 
formance of his duties, payable to the governing body of the county for the 
use of any party who may be aggrieved, such bond to be approved by such 
body and filed with the clerk of court, the premiums on the bond to be paid 
by the governing body. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

28 



§ 13-265 Cotton § 13-269 

§ 13-265. Removal and filling vacancy. 

The governing body of the county shall have power to remove from his 

office any such cotton weigher after at least three days' notice to show cause 

why he should not be removed and on sufficient cause being shown such body 

shall fill any vacancy in the manner hereinabove provided for the election 

of a cotton weigher. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-266. Night watchman and assistants. 

Any such cotton weigher shall have a night watchman on duty at his plat- 
form from sunset to sunrise of every day and shall employ one assistant for 
every day from September 1st to December 31st and may have other assist- 
ants during the year. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. *22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-267. Duties. 

Any such cotton weigher shall frequently test the scales at his platform 
and keep them accurate, weigh promptly and fairly all cotton offered to him, 
mark each bale of cotton as indicated by tag of buyer and number of each 
bale of cotton, keep together all the cotton of the several buyers separate and 
apart from each other so as to facilitate prompt shipment, issue tickets show- 
ing the number, mark and weight of every bale weighed by him and adjust 
any differences between sellers and buyers as to moisture and mixed 
or false packing. He shall represent neither the buyer nor the seller of the 
cotton weighed nor be interested in any purchase or sale, except in cotton 
from his own farm. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. *22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-268. Compensation. 

Such cotton weigher shall receive and charge for his services and the use of 
the platform fifteen cents for each bale weighed by him, seven cents to be paid 
by the seller and eight cents to be paid by the buyer, and for such cotton as 
may remain on the platform for more than three days he shall collect an addi- 
tional charge of one cent per bale for every additional day, to be paid by the 
owner. 

1942 Code § 6458: 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-269. Risk of loss ; insurance. 

All cotton shall be at the risk of the weigher, loss by fire excepted, for the 
first three days and thereafter at the risk of the owner. The weigher shall, 
during the cotton season, maintain a blanket insurance to cover at least fifty 
bales of cotton left upon the platform for sale and shall compensate himself 
for the cost of such insurance by deducting the amount thereof from the charge 

29 



§ 13-270 Code of Laws of South Carolina § 13-273 

herein provided to be collected for the use of the platform by cotton remain- 
ing- thereon more than three days. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27)34. 

§ 13-270. Deputy. 

The public cotton weigher herein provided for shall appoint a deputy to 

serve in his place during his necessary absence by sickness or otherwise, such 

appointment to be approved by the governing body of the county. The deputy 

shall take the usual oath of office and the bond of the cotton weigher shall be 

liable for the official acts of such deputy. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27)34. 

§ 13-271. All cotton to be weighed, inspected, etc., at platform. 

The public cotton weigher shall weigh, inspect and sample before sale 

every bale of cotton brought to the platform for sale and no cotton shall be 

sold until after it has been so weighed and inspected. All cotton in bales 

weighed in such city or township for sale therein and purchased in such city 

or township at weights ascertained by weighing in such city or township 

shall be brought to the platform for sale and no cotton in bales shall be sold 

or purchased in such city, town or township by any seller or purchaser or 

agent, except upon certificate that it has been weighed and inspected at such 

platform by the public cotton weigher or his deputy. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-272. Sales excepted. 

The provisions of this article shall not apply (a) to cotton sold by regular 

cotton dealers out of recognized cotton warehouses or cotton compresses in 

any such city or township, (b) to cotton weighed upon plantations or at 

ginhouses or bought upon the faith of weights guaranteed by the sellers or 

(c) to cotton bought upon weights stated in bills of lading of shipments to 

such city. 

1942 Code § 6458; 1932 Code § 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 §§ 2367- 
2369; 1911 (27) 34. 

§ 13-273. Accounting to governing bodies of counties. 

The cotton weigher shall render to the governing body of the county a 
monthly statement of the cotton weighed by him and shall pay to such body 
as compensation for the use of the platform and equipment, after deducting 
the cost of maintaining the blanket insurance as hereinabove provided for, 
one cent per bale for all cotton weighed on the platform and one-half the 
amount collected for cotton remaining on the platform more than three days. 
All other moneys received by virtue of the charges herein provided for shall 
be retained by the cotton weigher for his compensation and expenses. 

1942 Code §6458; 1932 Code §§6458-6460; Civ. C. '22 §§3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

30 



§ 13-274 



Cotton 



§ 13-275 



§ 13-274. Penalties. 

Any person, for himself or as agent, and any corporation who shall sell or 
buy in such city or township any cotton bale contrary to the provisions of this 
article shall be guilty of a misdemeanor and, upon conviction, shall be pun- 
ished by a fine of not exceeding fifty dollars or imprisonment for not exceed- 
ing ten days for each offense. 

1942 Code § 6458; 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 

§ 13-275. Enforcement. 

The sheriff, the rural policemen, if any, the magistrates' constables in the 
county in which any such city may be situate and the city policemen shall be 
on the lookout for violations of the provisions of this article and upon infor- 
mation or belief shall swear out warrants and cause prosecutions for the same. 
The solicitor and the city attorney shall prosecute in such cases. 

1942 Code § 6458: 1932 Code §§ 6458-6460; Civ. C. '22 §§ 3365-3367; Civ. C. '12 
§§ 2367-2369; 1911 (27) 34. 



CHAPTER 3. 

Sales Generally. 



Article 1. 
General Provisions. 
Sec. 

13-301. Allowances for breakage and tare, 
except for bagging and ties, prohib- 
ited. 

13-302. When no deduction made for bag- 
ging and ties. 

13-303. How tare fixed. 

13-304. Buyer must accept cotton corres- 
ponding to sample. 

13-305. Cotton buyer's book; bill of sale. 

13-306. Cotton factors required to furnish 
sworn statements. 

Article 2. 

Traffic in Long Cotton. 

13-311. License for traffic. 

13-312. Form of license; fee therefor. 

13-313. Use of license fees. 

13-314. Traffic without license prohibited. 

13-315. Same; local exceptions. 

Article 3. 
Traffic in Unpacked Lint Cotton. 

13-321. When traffic prohibited. 
13-322. Same; exception in Beaufort Coun- 
ty. 

Period and terms of license; fee. 

Same; local exceptions. 



13-323 
13-324, 
13-325. Records to be kept. 



Article 4. 
Traffic in Seed Cotton. 



Sec. 
13-331 



Period during which seed cotton 
may not be bought or sold. 

13-332. Hours of purchase. 

13-333. Records to be kept. 

13-334. Penalties for violations. 

13-335. Period for buying and selling, Lee 
and Sumter Counties. 

13-336. Hours for buying and selling in 
said counties. 

13-337. License required in said counties. 

13-338. Application for and granting of li- 
cense in said counties. 

13-339. Licensee in said counties to keep 
public records. 

13-340. Penalty for violating §§ 13-335 to 
13-339. 

13-341. Record to be kept in part of Marion 
County. 

13-342. Hours of purchase in such area. 

13-343. Penalty for violating §§ 13-341 and 
13-342. 

Article 5. 

Orangeburg Cotton Marketing Association. 

13-351. Personnel; manager. 

13-352. Rules and regulations. 

13-353. Charge per bale; use. 

13-354. Reports. 

13-355. Weighers to pay manager four cents 

for each bale weighed; use. 
13-356. Failure of weigher to pay. 



31 



§ 13-301 Code of Laws of South Carolina § 13-303 

Article 1. 

General Provisions. 

§ 13-301. Allowances for breakage and tare, except for bagging and ties, pro- 
hibited. 
No deduction from the actual weight of bales of unmanufactured cotton 
as an allowance for breakage or draft shall be made. All contracts made in 
relation to such cotton shall be deemed and taken as referring to the true and 
actual weight thereof without deduction. No tare shall be deducted from 
the weight of such bales of cotton except the actual weight of the bagging 
and ties used in baling the cotton when deduction for such bagging and ties 
is permitted under the provisions of §13-302. 

1942 Code § 6386; 1932 Code § 6386; Civ. C. '22 § 3305; Civ. C. '12 § 2331; Civ. C. 
'02 § 1543; G. S. 1195; R. S. 1303; 1846 (11) 368; 1878 (16) 713; 1889 (20) 375. 

Cross reference. — As to prohibition of 
charge of breakage on weighing cotton, 
see § 13-115. 

§ 13-302. When no deduction made for bagging and ties. 

It shall be unlawful for any person engaged in the business of buying cotton 
in this State, as principal or agent, to deduct any sum for bagging and ties 
from the weight or price of any bale of cotton when the weight of the bagging 
and ties does not exceed six per cent of the gross weight of such bale of cotton. 
In the event that the weight of the bagging and ties exceeds six per cent of 
the gross weight of such bale of cotton, only the excess over six per cent may 
be deducted. 

For each and every violation of this section the offender shall be guilty 
of a misdemeanor and shall be fined in the sum of not less than five dollars 
nor more than twenty-five dollars or imprisoned not less than ten days nor 
more than thirty days. 

This section shall not apply to what are known in the trade as round bales 
or to bales of cotton which weigh less than three hundred pounds. 

1942 Code § 1286; 1932 Code § 1286; Cr. C. '22 § 181; Cr. C. '12 § 461; 1910 (26) 612. 

Section is not violative of due process. — of buying cotton of the equal protection 

This section does not deprive one engaged of the laws, as the legislature has the 

in the business of buying cotton of his right to make different classes; and so long 

liberty and property without due process as all members of the same class are treated 

of law. State v. Mullins, 87 S. C. 510, 70 alike, if the classification be reasonable, the 

S. E. 9. legislation making such classification will 

Nor of equal protection of the laws. — not be declared unconstitutional. State v. 

And this section is not unconstitutional Mullins, 87 S. C. 510, 70 S. E. 9. 
as depriving one engaged in the business 

§ 13-303. How tare fixed. 

Whenever it shall be agreed between the buyer and seller to deduct tare 
on what are known in the trade as round cotton bales or on bales of cotton 
which weigh less than three hundred pounds it shall be as follows: 

(1) For bales of cotton covered with seven yards of standard cotton bag- 
ging and six iron ties the actual tare is hereby fixed at sixteen pounds; and 

32 



§ 13-304 Cotton § 13-306 

(2) For bales of cotton covered with seven yards of standard jute bagging 
and six iron ties the actual tare is hereby fixed at twenty-four pounds. 
When buyer and seller agree to sell at net weight and : 

(1) Bales of cotton are covered with seven yards of standard cotton bag- 
ging and six iron ties the actual tare is hereby fixed at sixteen pounds; and 

(2) Bales of cotton are covered with seven yards of standard jute bagging 

and six iron ties the actual tare is hereby fixed at twenty-four pounds. 

1942 Code § 6386; 1932 Code § 6386; Civ. C. '22 § 3305; Civ. C. '12 § 2331; Civ. C. 
'02 § 1543; G. S. 1195; R. S. 1303; 1846 (11) 368; 1878 (16) 713; 1889 (20) 375. 

§ 13-304. Buyer must accept cotton corresponding to sample. 

It shall be unlawful for any cotton buyer to refuse to accept any bale of 

cotton weighing over three hundred pounds after he has bought the same by 

sample thereof, if the bale corresponds in quality with the sample by which it 

was bought. Any such buyer who docks or deducts any amount from the 

purchase price of any such bale of cotton or attempts to dock or deduct any 

amount from the purchase price of such bale of cotton shall be guilty of a 

misdemeanor and, upon conviction before any court of competent jurisdiction, 

shall be fined in the sum of not more than one hundred dollars nor less than 

twenty dollars. 

1942 Code § 1287; 1932 Code § 1287; Cr. C. '22 § 182; Cr. C. '12 § 462; Cr. C. '02 § 351; 
1899 (23) 90. 

§ 13-305. Cotton buyer's book ; bill of sale. 

Each cotton buyer in this State buying from the initial seller shall keep a 
book in which shall be inserted the number of bales of cotton bought by him. 
He shall number the bales of cotton bought by him and show the names of 
those from whom he purchases. He shall give to the seller a cotton bill, on 
which he shall put the number of each bale of cotton bought from him. The 
number on the bale of cotton on his books and on the cotton bill shall be the 
same number. Such books of all cotton buyers shall be open to public in- 
spection. Any person who shall fail to keep a book or record of the numbers 
of the bales of cotton and furnish the seller a bill thereof, as required by this 
section, shall, on conviction, be fined in a sum not exceeding one hundred dol- 
lars or imprisoned not exceeding thirty days. 

1942 Code § 6397; 1932 Code §§ 1364, 6397; Civ. C. '22 § 3312; Cr. C. '22 § 263; Civ. C. 
'12 § 2338; Cr. C. '12 § 463; Civ. C. '02 § 1546; Cr. C. '02 § 352: 1894 (21) 793; 1899 (23) 
90 

This section is not subject to constitu- counsel, to permit sheriff or his deputy to 
tional objection that it permits unreasonable inspect his cotton buying books under war- 
searches or requires person to give evidence rant to seize cotton after notice of claim 
against himself. Parks v. Laurens Cotton under lien and demand for possession, are 
Mills. 75 S. C. 560. 56 S E. 234. acts from which jury may infer actual and 

Damages for refusal to permit inspection. punitive damages. Parks v. Laurens Cotton 

— Refusal of cotton buyer, under advice of Mills, 75 S. C. 560, 56 S. E. 234. 

§ 13-306. Cotton factors required to furnish sworn statements. 

Any person doing business as sales agent or exporter, dealing in or han- 
dling cotton on commission, shall furnish to all persons for whom cotton is 
[2 SC Code]— 3 33 



§13-311 Code of Laws of South Carolina §13-313 

exported, sold or handled, when demanded by such person, a sworn itemized 
statement which shall show the name of the purchaser and the grade, weight 
and price received for such cotton. Such sworn itemized statement shall be 
furnished with final accounts of gross sales or whenever demanded by anyone 
who is doing business with such person. Anyone upon whom demand is 
made for such sworn itemized statement shall be allowed ten days' time in 
which to furnish it. Anyone refusing or neglecting to furnish such sworn 
itemized statement shall be guilty of a misdemeanor and, upon conviction, shall 
be fined in a sum of not less than twenty-five dollars nor more than one hun- 
dred dollars or be imprisoned for not less than ten days nor more than thirty 
days on the county chain gang. 

1942 Code § 1288; 1932 Code § 1288; Cr. C. '22 § 183; 1915 (29) 113. 

Article 2. 

Traffic in Long Cotton. 

§13-311. License for traffic. 

The county treasurer of any count)' shall annually issue a license to traffic 
in long cotton, known as sea island cotton, in the seed by purchase, barter or 
exchange within the limits of one particular township only in his county and 
within the period beginning the first day of August and ending the thirty-first 
day of December of each year to any person who shall file with the treasurer 
a written application therefor, stating the township of the county wherein and 
the particular place in such township whereat such person desires to do such 
traffic. No such license shall be granted unless it be recommended by the gov- 
erning body of such township, if there be such a body. 

1942 Code § 6400; 1932 Code § 6400; Civ. C. '22 § 3315; Cr. C '22 § 266; Civ. C. 
'12 § 2341; Cr. C. '12 § 469; Civ. C. '02 § 1548; Cr. C. '02 § 350; 1899 (23) 90; 1900 
(23) 732. 

§ 13-312. Form of license; fee therefor. 

Such license shall specify the township and the particular place in such town- 
ship, as well as the period, in which such person is permitted so to traffic and 
do business. For every such license, if granted, and before the issuing of the 
same, a fee of fifty dollars shall be paid by every such person to the county 
treasurer. . 

1942 Code § 6400; 1932 Code § 6400; Civ. C. '22 § 3315; Cr. C. '22 § 266; Civ. C. 
'12 § 2341; Cr. C. '12 § 469; Civ. C. '02 § 1548; Cr. C. '02 § 350; 1899 (23) 90; 1900 
(23) 732. 

§13-313. Use of license fees. 

All of such license fees shall be held by the county treasurer, subject to 
the orders of the chairman of the board of township commissioners in the 
county, if there be such a board, and the county supervisor. Such officers shall 
apply and use the same for the enforcement of the provisions hereof and for 

34 [2SCCode] 



§ 13-314 Cotton § 13-323 

the repairing of the roads and bridges in the several townships, respectively, 

and for no other purpose. 

1942 Code § 6400; 1932 Code § 6400; Civ. C. '22 § 3315; Cr. C. '22 § 266; Civ. C. 
'12 § 2341; Cr. C. '12 § 469; Civ. C. '02 § 1548; Cr. C. '02 § 350; 1899 (23) 90; 1900 
(23) 732. 

§ 13-314. Traffic without license prohibited. 

Traffic in long cotton, known as sea island cotton, in the seed by purchase, 
barter or exchange, without such license, is absolutely prohibited. Any per- 
son who shall so traffic or attempt to traffic without such a license shall be 
guilty of a misdemeanor and, on conviction, shall be punished for each offense 
by a fine of not more than one hundred dollars or by imprisonment not ex- 
ceeding thirty days. One-half of any such fine when collected shall go to the 
informer. 

1942 Code § 6400; 1932 Code § 6400; Civ. C. '22 § 3315; Cr. C. '22 § 266; Civ. C. 
'12 § 2341; Cr. C. '12 § 469; Civ. C. '02 § 1548; Cr. C. '02 § 350; 1899 (23) 90; 1900 
(23) 732. 

§ 13-315. Same ; local exceptions. 

The provisions of §§ 13-311 to 13-314 shall not apply to the counties of Col- 
leton, Beaufort or Charleston. 

1942 Code §6400; 1932 Code §6400; Civ. C. '22 §3315: Cr. C. '22 §266; Civ. C. 
'12 § 2341; Cr. C. '12 § 469; Civ. C. '02 § 1548; Cr. C. '02 § 350; 1899 (23) 90; 1900 (23) 
732. 

Article 3. 

Traffic in Unpacked Lint Cotton. 

§13-321. When traffic prohibited. 

The traffic in unpacked lint cotton by purchase, barter or exchange (a) with- 
in the period beginning December 21st in one year and ending August 14th of 
the succeeding year (b) within the period beginning August 15th and efding 
December 20th in each year without a license, and (c) between the hours of 
sunset and sunrise at any time is declared against the public welfare and is 
prohibited. 

1942 Code §6394; 1932 Code §6394; Civ. C. '22 §3308; Civ. C. §'12 §2334; Civ. C. '02 
§ 1545; G. S. 1197; R. S. 280, 281; 1881 (17) 625; 1894 (21) 793; 1905 (24) 912; 1908 
(25) 1125; 1910 (26) 635; 1911 (27) 25; 1912 (27) 545; 1921 (32) 63; 1929 (36) 139; 
1931 (37) 249. 

§ 13-322. Same; exception in Beaufort County. 

No license to traffic in unpacked lint cotton shall be required in Beaufort 

County. 

1942 Code §6395; 1932 Code §6395; Civ. C. '22 §3308; Civ. C. '12 §2334; Civ. C. '02 
§ 1545; G. S. 1197; R. S. 280, 2S1; 1881 (17) 625; 1894 (21) 793; 1905 (24) 912; 1908 
(25) 1125; 1910 (26) 635; 1911 (27) 25; 1912 (27) 545; 1921 (32) 63; 1929 (36) 139; 
1931 (37) 249. 

§ 13-323. Period and terms of license ; fee. 

The clerks of the courts of common pleas may issue licenses to traffic in 
unpacked lint cotton by purchase, barter or exchange within the period begin- 

35 



§ 13-324 Code of Laws of South Carolina § 13-331 

ning August 15th and ending December 20th, within their respective counties, 
to such person as shall file with any such clerk a written application therefor, 
the granting of which shall be recommended in writing by at least ten land- 
owners within the township wherein the applicant intends to carry on such 
traffic. Such license shall specify the exact place where the traffic shall be 
carried on and the period within which such traffic is permitted and shall con- 
tinue in force for the period of one year from the date of issue. For such li- 
cense, if granted, a fee of not more than five hundred dollars and not less than 
one dollar, the amount to be fixed by the governing body of the county, shall 
be paid by the applicant to the county treasurer for the use of the county. 

1942 Code § 6395; 1932 Code § 639S; Civ. C. '22 § 3308; Civ. C. '12 § 2334; Civ. C. '02 
§ 1S4S; G. S. 1197; R. S. 280, 281; 1881 (17) 625; 1894 (21) 793; 1905 (24) 912; 1908 
(25) 1125; 1910 (26) 635; 1911 (27) 25; 1912 (27) 545; 1921 (32) 63; 1929 (36) 139; 
1931 (37) 249. 

§ 13-324. Same ; local exceptions. 

The period for which licenses may be issued to traffic in unpacked lint cotton 
by purchase, barter or exchange in Chesterfield and Marlboro Counties shall 
be from January 1 to August 1 ; in Laurens County, from February 1 to April 30 ; 
in Lancaster, Greenwood and Kershaw Counties, from April 1 to July 31 ; in York 
County, from May 1 to August 1 ; in Williamsburg and Georgetown Counties, 
from December 15 to August 1 ; and in Sumter and Lee Counties, from De- 
cember 15 to April 1 of each year. 

1942 Code § 6394; 1932 Code § 6394; Civ. C. *22 § 3307; Civ. C. '12 § 2333; Civ. C. 

'02 § 1545; G. S. 1197; R. S. 280, 281; 1881 (17) 625; 1894 (21) 793; 1905 (24) 912; 

1908 (25) 1125; 1910 (26) 635; 1911 (27) 25; 1912 (27) 545; 1921 (32) 63; 1929 (36) 139; 
1933 (38) 555. 

§ 13-325. Records to be kept. 

All persons licensed in the traffic in unpacked lint cotton shall keep legibly 
written in a book, which shall be open to public inspection, the name of the 
person or persons from whom they purchase or receive by way of barter, ex- 
change or traffic of any sort any unpacked lint cotton with the number of 
pounds and date of purchase. 

1942 Code § 6396; 1932 Code § 6396; Civ. C. '22 § 3309; Civ. C. '12 § 2335; Civ. C. 
'02 § 1545; G. S. 1197; R. S. 280, 281; 1881 (17) 625; 1894 (21) 793; 1905 (24) 912; 1908 
(25) 1125; 1910 (26) 635; 1911 (27) 25; 1929 (36) 139. 

Article 4. 
Traffic in Seed Cotton. 

§ 13-331. Period during which seed cotton may not be bought or sold. 

It shall be unlawful for any person to engage in the buying, selling, trading 
or trafficking in seed cotton between the dates of August 1st and December 
15th of each year. 

1942 Code § 6393; 1932 Code §§ 6389-6392; 1929 (36) 139. 

As to meaning of "traffic" in an earlier 
statute of similar import, see State v. Par- 
nell, 94 S. C. 21, 77 S. E. 719. 

36 



§ 13-332 Cotton § 13-338 

§13-332. Hours of purchase. 

It shall be unlawful for any person to buy seed cotton at any time between 
the hours of sunset and sunrise. 

1942 Code § 6393; 1932 Code §§ 6389-6392; 1929 (36) 139. 

§ 13-333. Records to be kept. 

Any person engaged in the buying, selling, trading or trafficking in seed cot- 
ton between the dates of December 15th of any year and August 1st of the 
succeeding year shall keep at his place of business a complete and accurate 
record showing the name and address of the person from whom the seed cot- 
ton was purchased, the price paid and the number of pounds purchased. Such 
record shall be kept in a place where it may be inspected at any time by the 
public generally. 

1942 Code § 6393; 1932 Code §§ 6389-6392; 1929 (36) 139. 

§ 13-334. Penalties for violations. 

Any violation of the provisions of any of §§ 13-331 to 13-333 shall be punish- 
able by a fine of not less than one hundred dollars nor more than five hundred 
dollars or by imprisonment for a period of not less than thirty days nor more 
than one year or by both fine and imprisonment, in the discretion of the court. 

1942 Code § 6393; 1932 Code §§ 6389-6392; 1929 (36) 139. 

§ 13-335. Period for buying and selling, Lee and Sumter Counties. 

It shall be unlawful for any person to engage in buying, selling, trading or 
trafficking in seed cotton in Lee County or Sumter County between the dates 
of April 1st and December 31st of each year. 

1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-336. Hours for buying and selling in said counties. 

It shall be unlawful to buy, sell, trade or traffic in seed cotton in Lee County 
or Sumter County at any time between the hours of sunset and sunrise. 

1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-337. License required in said counties. 

It shall be unlawful for any person to engage in the buying, trading or 
trafficking in seed cotton in Lee County or Sumter County between the dates 
of January 1st and April 1st of each year without first having obtained a li- 
cense as provided in this article. 

1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-338. Application for and granting of license in said counties. 

The clerks of the courts of common pleas for Lee County and Sumter County 
may issue licenses to buy, trade or traffic in seed cotton between January 1st 
and April 1st of each year within their respective counties to such persons as 
shall file with the clerk written applications therefor when the granting of any 
such license shall be recommended in writing by at least ten landowners with- 
in the township wherein the applicant intends to carry on such traffic in either 

37 



§ 13-339 Code of Laws of South Carolina § 13-343 

of such counties. Such license shall specify the exact place whereat such 
buying, trading or trafficking shall be carried on and the period within which 
the same is permitted and shall continue in force for the period beginning 
January 1st and ending April 1st of the year within which the same is issued. 
For such license, if granted, a fee of not more than five hundred dollars and 
not less than two hundred dollars, the amount to be fixed by the governing 
bodies of Lee County and Sumter County, respectively, shall be paid by the 
applicant to the county treasurer for the use of the county. 
1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-339. Licensee in said counties to keep public records. 

Any person to whom any such license may be issued shall keep a complete 
and accurate record, legibly written in a book which shall be open to public 
inspection, showing the name and address of the person from whom any seed 
cotton is purchased, the price paid, the number of pounds purchased and the 
date of purchase. 

1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-340. Penalty for violating §§ 13-335 to 13-339. 

Any person who shall violate any of the provisions of §§ 13-335 to 13-339 
shall be guilty of a misdemeanor and upon conviction shall be fined not less 
than five hundred dollars or imprisoned for not less than thirty days nor more 
than one year, or both, in the discretion of the court. 

1942 Code § 6407-1; 1932 Code § 6393; 1931 (37) 214. 

§ 13-341. Record to be kept in part of Marion County. 

All persons residing in that portion of Marion County south of a line parallel 
to and exactly one mile north of the Wilmington, Columbia and Augusta Rail- 
road and who are engaged in the purchase, barter or exchange in seed cotton 
shall on every Saturday night post in front of the place of business where 
such seed cotton is purchased, bartered or exchanged the amount of cotton 
purchased, bartered or exchanged during the week, the names of the persons 
from whom the purchases were made and the amount purchased and shall 
keep such record posted for three months. 

1942 Code § 6407-2; 1932 Code §§ 1363, 6401; Civ. C. '22 § 3316; Cr. C. '22 § 262; 
Civ. C. '12 § 2342; Cr. C. *12 § 455; Civ. C. '02 § 1551; Cr. C. '02 § 348; 1884 (21) 944; 
1894 (21) 944; 1901 (23) 728. 

§ 13-342. Hours of purchase in such area. 

No person shall purchase any seed cotton within the limits above described 

in Marion County after the hour of five o'clock in the afternoon and before 

eight o'clock in the forenoon. 

1942 Code § 6407-2; 1932 Code §§ 1363, 6401; Civ. C. '22 § 3316; Cr. C. '22 § 262; 
Civ. C. '12 § 2342; Cr. C. '12 § 455; Civ. C. '02 § 1551; Cr. C. '02 § 348; 1884 (21) 944; 
1894 (21) 944; 1901 (23) 728. 

§ 13-343. Penalty for violating §§ 13-341 and 13-342. 

Any person who shall violate any of the provisions of §§ 13-341 and 13-342 
shall, upon conviction, be punished by a fine of not less than twenty-five dol- 

38 



§ 13-351 Cotton § 13-355 

lars nor more than fifty dollars or by imprisonment for not less than fifteen 

days nor more than thirty days. One-half of such fine, when collected, shall 

be paid to the informer. 

1942 Code § 6407-2; 1932 Code §§ 1363, 6401; Civ. C. '22 § 3316; Cr. C. '22 § 262; 
Civ. C. '12 § 2342; Cr. C. '12 § 455; Civ. C. '02 § 1551; Cr. C. '02 § 348; 1884 (21 ) 944: 
1894 (21) 944; 1901 (23) 728. 

Article 5. 
Orangeburg Cotton Marketing Association. 

§13-351. Personnel; manager. 

The Orangeburg cotton marketing association shall consist of all farmers 
selling cotton in the city of Orangeburg. There shall be a manager of the 
association and the manager's term of office shall be for two years and until 
his successor is elected by the governing body of Orangeburg County and 
qualified. The manager of the association may be removed from office by 
the governing body of Orangeburg County for cause and after reasonable 
notice and hearing. 

1942 Code § 6448; 1939 (41) 468. 

§13-352. Rules and regulations. 

The manager of the association may formulate rules and regulations for the 
conduct of the association and for the handling of cotton on the cotton plat- 
form and in the cotton yard in the city of Orangeburg. Such rules and regula- 
tions shall be subject to the approval of the governing body of Orangeburg 
County. 

1942 Code § 6448; 1939 (41) 468. 

§ 13-353. Charge per bale ; use. 

The sum of thirty cents per bale shall be deducted by the buyer from the 
purchase price of each bale of cotton sold in the city of Orangeburg and shall 
be paid to the manager of the association to be used by him in defraying its 
expenses, including the compensation of the manager and of a competent 
cotton grader. 

1942 Code § 6448; 1939 (41) 468. 

§ 13-354. Reports. 

The manager of the association shall make quarterly reports to the govern- 
ing body of Orangeburg County showing in detail all receipts and disburse- 
ments. 

1942 Code § 6448; 1939 (41) 468. 

§ 13-355. Weighers to pay manager four cents for each bale weighed; use. 

In order to reimburse the city of Orangeburg and the county of Orangeburg 
for the amounts advanced by them towards the construction of the present 
cotton platform and to provide funds with which to maintain and improve the 
platform as necessary, the cotton weighers at Orangeburg shall pay to the 
manager of the association four cents for each bale weighed by them and 

39 



§ 13-356 Code of Laws of South Carolina § 13-356 

the manager shall make weekly remittance thereof to the county treasurer. 
The county treasurer shall pay fifty per cent of the funds so received by him 
to the city of Orangeburg until the sum of two thousand dollars shall have been 
paid; the remaining fifty per cent shall be placed in the general fund of the county. 
After two thousand dollars shall have been paid to the city of Orangeburg, the en- 
tire sum shall be placed in the general fund of the county until a total of four 
thousand dollars has been paid into the county fund. After the city and 
county have been paid the respective amounts above provided, the sums paid 
as rent shall be placed in a special fund by the county treasurer and so much 
thereof as is necessary may be expended by the governing body of Orangeburg 
County for repairs and improvements to the cotton platform. 
1942 Code § 6448; 1939 (411 468. 

§ 13-356. Failure of weigher to pay. 

Any cotton weigher who fails or refuses to pay over to the manager of the 
association the amounts required by § 13-355 shall be removed from office by 
the governing body of Orangeburg County and a successor elected in the 
manner provided by law. 

1942 Code § 6448; 1939 (41) 468. 



40 



Title 14. 
Counties.* 

Chap. 1. General Provisions, §§ 14-1 to 14-21. 

2. Boundaries of Existing Counties, §§ 14-51 to 14-96. 

3. Change of Boundaries. §§ 14-101 to 14-110. 

4. Creation of New Counties and Consolidation of Counties, §§ 14-151 

to 14-166. 

5. County Boards of Commissioners, §§ 14-201 to 14-210. 

6. County Supervisors, §§ 14-251 to 14-258. 

7. County Officers Generally, §§ 14-301 to 14-329. 

8. County Planning, §§ 14-351 to 14-399.6. 

9. Claims against Counties, §§ 14-401 to 14-430. 

10. Borrowing in Anticipation of Taxes in Certain Counties, §§ 14-451 

to 14-471. 

11. Certificates of Indebtedness, §§ 14-501 to 14-509. 
11.1. The County Bond Act, §§ 14-511 to 14-529. 

12. Borrowing from Federal Agencies and Others in Certain Counties, 

§§ 14-551 to 14-560. 

13. Buildings and Lands Generally, §§ 14-601 to 14-607. 

14. County Fairs and Fair Associations, §§ 14-651 to 14-687. 

15. Abbeville County, §§ 14-701 to 14-733. 

16. Aiken County, §§ 14-751 to 14-785. 

17. Allendale County. §§ 14-801 to 14-841. 

18. Anderson County, §§ 14-851 to 14-888. 

19. Bamberg County, §§ 14-901 to 14-921. 

20. Barnwell County, §§ 14-951 to 14-973. 

21. Beaufort County, §§ 14-1001 to 14-1017. 

22. Berkeley County, §§ 14-1051 to 14-1082. 

23. Calhoun County, § 14-1101. 

24. Charleston County, §§ 14-1151 to 14-1294. 

25. Cherokee County, §§ 14-1301 to 14-1342. 

26. Chester County, §§ 14-1351 to 14-1382. 

27. Chesterfield County, §§ 14-1401 to 14-1494. 

28. Clarendon County,'§§ 14-1501 to 14-1533. 

29. Colleton County, §§ 14-1551 to 14-1637. 



* As to constitutional provisions concerning counties and county government, see S. C. 
Const., Art. 7, §§ 1 to 14. As to the county poor, see S. C. Const., Art. 12, § 3. As to 
administration of government generally, see Title 1. As to fees and costs generally, see 
Title 27. As to boards of health and health officers generally, see Title 32. As to highways, 
bridges and ferries generally, see Title 33. As to county housing authorities, see §§ 36-181 
to 36-187. As to county libraries, see §§ 42-101 to 42-126. As to magistrates and constables 
generally, see Title 43. As to municipal corporations generally, see Title 47. As to officers 
and employees generally, see Title 50. As to peace officers generally, see Title 53. As 
to prisons and other methods of correction generally, see Title 55. As to South Carolina 
retirement system generally, see §§ 61-1 to 61-202. As to taxation generally, see Title 65. 

41 



Code of Laws of South Carolina 

Chap. 30. Darlington County, §§ 14-1651 to 14-1723. 

31. Dillon County, §§ 14-1751 to 14-1796. 

32. Dorchester County, §§ 14-1801 to 14-1824. 

33. Edgefield County, §§ 14-1851 to 14-1857. 

34. Fairfield County, §§ 14-1901 to 14-1919. 

35. Florence County, §§ 14-1951 to 14-1971. 

36. Georgetown County, §§ 14-2001 to 14-2044. 

37. Greenville County, §§ 14-2051 to 14-2177. 

38. Greenwood County, §§ 14-2201 to 14-2233. 

39. Hampton County, §§ 14-2251 to 14-2269. 

40. Horry County, §§ 14-2301 to 14-2356. 

41. Jasper County, §§ 14-2401 to 14-2428. 

42. Kershaw County, §§ 14-2451 to 14-2503. 

43. Lancaster County, §§ 14-2551 to 14-2589. 

44. Laurens County, §§ 14-2601 to 14-2609. 

45. Lee County, §§'l4-2651 to 14-2664. 

46. Lexington County, §§ 14-2701 to 14-2764. 

47. Marion County, §§ 14-2801 to 14-2821. 

48. Marlboro County, §§ 14-2S51 to 14-2885. 

49. McCormick County, §§ 14-2901 to 14-2913. 

50. Newberrv County, §§ 14-2951 to 14-2997. 

51. Oconee County. "§§ 14-3001 to 14-3041. 

52. Orangeburg County, §§ 14-3051 to 14-3115. 

53. Pickens County, §§14-3151 to 14-3172. 

54. Richland County, §§ 14-3201 to 14-3245. 

55. Saluda County, §§ 14-3251 to 14-3260. 

56. Spartanburg County, §§ 14-3301 to 14-3362. 

57. Sumter County, §§ 14-3401 to 14-3422. 

58. Union County, §§ 14-3451 to 14-3535. 

59. Williamsburg County, §§ 14-3551 to 14-3584. 

60. York County, §§ 14-3601 to 14-3652. 



CHAPTER 1. 

General Provisions. 

Sec. Sec. 

14-1. Division of State into counties; each 14-12. Same; local exceptions for Abbeville 

county a body politic. and Union Counties. 

14-2. How courthouse may be moved. 14-13. Same; Berkeley County. 

14-3. Not to be moved within eight miles 14-14. Furnishing rooms when courthouse 

of county line. unusable. 

14-4. Blank. 14-15. Submission of estimate of county ex- 

14-5. Change of name of townships; no- penses to General Assembly. 

tice. 14-16. Fiscal year. 

14-6. Chairman of boards may administer 14-17. Same; local exceptions in certain 

oaths, etc. counties. 

14-7 to 14-9. Blank. 14-18. County funds not subject to levy. 

14-10. Investment of sinking funds in de- 14-19. Operation of county government in 

fense securities. county without supply act. 

14-11. County officers to be furnished cer- 14-20. Fees to be paid by county. 

tain things by county. 14-21. How court fees paid. 

42 



§14-1 



Counties 



§14-2 



§ 14-1. Division of State into counties; each county a body politic. 

The State of South Carolina is divided into forty-six counties. Each county 
is a body politic and corporate for the following purposes : 

(1) To sue and be sued; 

(2) To purchase and hold, for the use of the county, lands and personalty 
within the limits thereof; 

(3) To make all contracts ; and 

(4) To do all acts in relation to the property and concerns of the county 

necessary thereto. 

1942 Code § 2975; 1932 Code § 2975; Civ. C. '22 § 667; Civ. C. '12 § 587; Civ. C. '02 
§ 529; G. S. 403; R. S. 461; 1868 (14) 134; 1822 (17) 682; 1912 (27) 807; 1916 (29) 717; 
1919 (31) 5. 



Cross reference. — As to necessity of pre- 
senting claims against county to the gov- 
erning body, see § 14-412 and the note 
thereto. 

County may institute suits on official 
bonds. — Greenville County v. Runion, 9 
S. C. 1 (1876) ; Chester County v. Hemphill, 
29 S. C. 584, 8 S. E. 195 (1887); Aiken 
County v. Murray, 35 S. C. 508, 14 S. E. 
954 (1891). 

Tort action is maintainable against coun- 
ty. — An ex delicto action may be instituted 
against a county in the court of common 
pleas. Acker v. County of Anderson, 20 
S. C. 495 (1882); Jennings v. Abbeville 
County, 24 S. C. 543 (1885). 

Also action to enforce payment of ex- 
penses in creation of county. — An action 
may be maintained against a newly formed 
county to recover the amount borrowed and 
used in the formation of such county. Bank 
of McCormick v. McCormick County, 114 
S. C. 469, 103 S. E. 787 (1919). 

Suit for recovery of proceeds arising 
under bond executed by the county. — Lan- 
caster County v. Cheraw & Chester R. Co. 
28 S. C. 134, 5 S. E. 338 (1886). 

Neither this section nor the provisions 
of the State Constitution direct the name 
by which a county shall be sued. Com- 



missioners v. Bank of Commerce, 97 U. 
S. 374, 24 L. Ed. 1060 (1878). 

The manner in which the name of the 
county should be pleaded. — County of Rich- 
land v. Miller, 16 S. C. 236 (1880). 

Judgment against individuals as "com- 
missioners" is good against county. — Under 
this section judgment against certain in- 
dividuals as "Commissioners of the county 
of Pickens is good" against the named 
county where the cause of action was 
against the county and the misdescription 
comes within the provisions of the Code 
directing that errors in pleadings not effect- 
ing the substantial rights of the adverse 
party shall not be grounds for reversal. 
Commissioners v. Bank of Commerce, 97 
U. S. 374, 24 L. Ed. 1060 (1878). 

Contracts under this section must be 
made by the county commissioners alone. 
— Ostendorff v. County Com'rs, 14 S. C. 
403 (1878); Edmonston v. Aiken County, 
14 S. C. 622 (1880); Jennings v. Abbeville 
County, 24 S. C. 543 (1885). 

This section expressly authorizes every 
county to issue county bonds. Commis- 
sioners v. Bank of Commerce, 97 U. S. 
374, 24 L. Ed. 1060 (1878). 

Applied in State v. Chester & Lenoir R. 
Co., 13 S. C. 290 (1879); Duke v. Williams- 
burg County, 21 S. C. 414 (1884). 



§ 14-2. How courthouse may be moved. 

Whenever the citizens of any county desire to move the courthouse they 
shall file a petition to that effect stating the point to which the courthouse is 
proposed to be removed signed by one-third of the qualified electors of such 
county with the Governor, who shall within twenty days after the filing order 
an election in such county to be held within sixty days, at which election the 
electors shall vote for or against the proposed removal. The commissioners 
of election for such county shall appoint managers of each precinct in the 
county and furnish them with the necessary boxes and registration books, 
which the officers of registration may furnish the commissioners. Such elec- 

43 



§ 14-3 Code of Laws of South Carolina § 14-11 

tion shall be conducted as general elections in this State, and all electors 

qualified to vote at general elections shall be entitled to vote thereat. The 

commissioners of election of such county shall receive the returns of the 

managers, tabulate the vote and declare the result. If two-thirds of the 

qualified voters voting in such election vote in favor of such removal the 

governing body of the county shall take the necessary steps to remove the 

courthouse and public records of such county to the place designated. 

1942 Code § 3037; 1932 Code § 3037; Civ. C. '22 § 729; Civ. C. '12 § 645; Civ. C. '02 
§ 579; 1899 (23) 77; 1919 (31) 40. 

§ 14-3. Not to be moved within eight miles of county line. 

In the location of any courthouse by removal within this State it shall be 

unlawful to locate such courthouse within eight miles of any county line, all 

laws to the contrary notwithstanding. 

1942 Code § 3037; 1932 Code § 3037; Civ. C. '22 § 729; Civ. C. '12 § 645; Civ. C. '02 
§ 579; 1899 (23) 77; 1919 (31) 40. 

§ 14-4. Blank. 

§ 14-5. Change of name of townships; notice. 

The governing body of any county may change the name of any township in 

its county. It shall give notice of such change of name as it may make within 

fifteen days thereafter by publication in a public gazette published in the 

county or by notices posted in at least three public places in the county if no 

gazette is published therein. 

1942 Code § 3880; 1932 Code § 3880; Civ. C. '22 § 1121; Civ. C. '12 § 1000; Civ. C. '02 
§ 815; G. S. 641; R. S. 702; 1878 (16) 365. 

§ 14-6. Chairmen of boards may administer oaths etc. 

The chairmen of the county boards of township commissioners in the sev- 
eral counties of this State may administer oaths as notaries public, in all 
maters connected with the conduct of their offices. 

1942 Code § 3830; 1932 Code § 3830; Civ. C. '22 § 1074; Civ. C. '12 § 955; 1907 (25) 651. 

§§ 14-7 to 14-9. Blank. 

§ 14-10. Investment of sinking funds in defense securities. 

The sinking fund commissions or other similar custodians of sinking funds 
of the various counties of the State may invest the sinking funds of their 
respective counties in United States Defense Bonds and Defense Securities. 

1942 (42) 1549. 

§ 14-11. County officers to be furnished certain things by county. 

The governing body of each county shall furnish the probate judge, auditor, 
superintendent of education, clerk of court, sheriff, treasurer and master in 
equity of their respective counties office room, together with necessary furni- 
ture and stationery for the same, which shall be kept at the courthouse of their 

44 



§ 14-12 Counties § 14-15 

respective counties, and it shall supply the offices of such officials with fuel, 

lights, postage and other incidentals necessary to the proper transaction of the 

legitimate business of such offices. 

1942 Code § 3877; 1932 Code § 3877; Civ. C. '22 § 1118; Civ. C. '12 § 997; Civ. C. '02 
§ 812; R. S. 699; 1900 (23) 291; 1903 (23) 29; 1909 (26) 27. 

The governing body shall designate the Applied in Aiken County v. Murray, 35 

room or office to be occupied by any par- S. C. 508, 14 S. E. 954 (1891). 
ticular officer. Werts v. Feagle, 83 S. C. 
128, 65 S. E. 226 (1909). 

§ 14-12. Same; local exceptions for Abbeville and Union Counties. 

In Abbeville and Union Counties no postage shall be furnished to any of 

such officers, except the auditor, probate judge, treasurer and superintendent 

of education, who shall each be allowed postage to the amount of three dollars. 

1942 Code § 3877; 1932 Code § 3877; Civ. C. '22 § 1118; Civ. C. '12 § 997; Civ. C. '02 
§ 812; R. S. 699; 1900 (23) 291; 1903 (23) 29; 1909 (26) 27. 

§ 14-13. Same; Berkeley County. 

In Berkeley County the postage allowed officers shall not exceed the fol- 
lowing amounts : treasurer, twelve dollars ; auditor, five dollars ; clerk of court 
and sheriff, four dollars each ; superintendent of education, three dollars ; 
supervisor, judge of probate and master in equity, two dollars and fifty cents 
each. 

1942 Code § 3877; 1932 Code § 3877; Civ. C. '22 § 1118: Civ. C. '12 § 997; Civ. C. '02 
§ 812; R. S. 699; 1900 (23) 291; 1903 (23) 29; 1909 (26) 27. 

§ 14-14. Furnishing rooms when courthouse unusable. 

If at any time the courthouse of any county in this State shall be in course 

of reconstruction or repair or from any other cause shall not be in condition to 

be occupied the governing body of the county must furnish suitable rooms 

for the accommodation of the courts and public officers. 

1942 Code § 3878; 1932 Code § 3878; Civ. C. '22 § 1119; Civ. C. '12 § 998; Civ. C. '02 
§813; G. S. 634; R. S. 700; 1875 (15) 996; 1893 (21) 181. 

§ 14-15. Submission of estimate of county expenses to General Assembly. 

The governing body of each county shall prepare an estimate of the amount 
of money necessary to pay the expenses incurred by such body and for ordi- 
nary county expenses and report the same to the Comptroller General on or 
before the fifth day of January of each year, to be by him submitted to the 
General Assembly in order to provide the necessary taxation for county pur- 
poses. 

1942 Code § 3864; 1932 Code § 3864; Civ. C. '22 § 1105; Civ. C. '12 § 984; Civ. C. '02 
§ 799; R. S. 681; 1893 (21) 489; 1896 (22) 206. 

This section does not repeal a special Supreme Court cannot by mandamus 

levy for railroad bonds. Rice v. Shealey, compel officers of a county to levy and 

71 S. C. 161, 50 S. E. 868 (1905). collect tax to pay judgment against county; 

It was clearly intended to embrace past but it may, however, compel the supervisor 

indebtedness. State v. Goodwin, 81 S. C. to include, in his estimate of the amount 

419, 62 S. E. 1100 (1908). necessary to meet the expenses of the 

45 



§ 14-16 Code of Laws of South Carolina § 14-20 

county, a sum sufficient to pay this judg- The board of county commissioners may 

ment. Green v. West, 161 S. C. 161, 159 be required by mandamus to include an 
S. E. 23 (1931). item in the estimate to the General As- 

Purpose of the "estimate" is to enable sembly. State v. Goodwin, 81 S. C. 419, 
the General Assembly "to provide the 62 S. E. 1100 (1908). 
necessary taxation for county purposes." 
State v. Goodwin, 81 S. C. 419, 62 S. E. 
1100 (1908). 

§ 14-16. Fiscal year. 

Except as herein otherwise provided the fiscal year of each county shall 
commence on the first day of January of each year. 

1942 Code § 3869; 1932 Code §§ 3869, 4777; Civ. C. '22 § 1110; Civ. C. '12 § 989; Civ. 
C. '02 § 804; Const. Art. 10 § 10; G. S. 621; R. S. 689; 1875 (15) 993; 1878 (16) 459; 1890 
(20) 710; 1927 (35) 252; 1933 (38) 438, 449; 1935 (39) 416; 1936 (39) 1339, 1376, 1395, 
1419, 1432, 1442, 1594; 1937 (40) 67, 71, 212, 391, 552; 1938 (40) 1538, 1539, 1561, 1602; 
1941 (42) 57. 

§ 14-17. Same; local exceptions in certain counties. 

Nothwithstanding the provisions of § 14-16, the fiscal year of the counties 

of Aiken, Allendale, Anderson, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, 

Chester, Chesterfield, Colleton, Darlington, Dillon, Dorchester, Edgefield, Florence, 

Greenville, Horry, Jasper, Kershaw, Lancaster, Laurens, Lee, Marion, Marlboro, 

McCormick, Newberry, Oconee, Saluda, Spartanburg, Sumter, Union and York 

shall begin on July 1st of each year and end on June 30th of the next following 

calendar year. 

1942 Code § 3869; 1932 Code §§ 3869, 4777; Civ. C. '22 § 1110; Civ. C. '12 § 989; Civ. 
C. '02 § 804; Const. Art. 10 § 10; G. S. 621; R. S. 689; 1875 (15) 993; 1878 (16) 459; 
1890 (20) 710; 1927 (35) 252; 1933 (38) 449, 438; 1935 (39) 416; 1936 (39) 1339, 1376, 
1395, 1419, 1432, 1442, 1594; 1937 (40) 67, 71, 212, 391, 552; 1938 (40) 1538, 1539, 1561, 
1602; 1941 (42) 57; 1942 (42) 1475; 1943 (43) 69; 1944 (43) 1167, 1181, 1201; 1945 (44) 
35; 1946 (44) 1313; 1947 (45) 129, 296; 1950 (46) 1838; 1951 (47) 37. 

§ 14-18. County funds not subject to levy. 

No funds raised by taxation for any county purposes whatsoever shall be 

subject to levy under the process of any court of this State. 

1942 Code § 3868; 1932 Code § 3868; Civ. C. '22 § 1109; Civ. C. '12 § 988; Civ. C. '02 
§ 803; G. S. 617; R. S. 688; 1875 (15) 997. 

§ 14-19. Operation of county government in county without supply act. 

If no supply act is enacted at any session of the General Assembly to pro- 
vide for the county government of any county of the State then the appropri- 
ation, terms and conditions contained in the last enacted supply act of such 
county shall be continued for an additional year; provided, that only usual 
appropriations and no special appropriations for unusual purposes, if con- 
tained in such act, shall be held as appropriated by the continuance of such 
act. 

1947 (45) 102; 1951 (47) 710. 

§ 14-20. Fees to be paid by county. 

Each county shall pay : 

(1) The fees of the grand and petit jurors while in attendance upon the cir- 
cuit court; 

46 



§ 14-21 Counties § 14-21 

(2) Witnesses' fees in the state cases for actual attendance upon the circuit 
courts as provided by law ; 

(3) Fees of physicians and surgeons testifying as experts before a coroner's 
jury or the circuit court; 

(4) Fees of sheriffs and clerk of court as provided by law; 

(5) Fees of county coroners as allowed by law; 

(6) Fees or salaries of magistrates and constables; 

(7) The compensation of auditors, treasurers and county supervisors as 
provided by law; and 

(8) Accounts accrued for dieting prisoners confined in the state penitentiary 

pending their trial or committed thereto for safe-keeping and not for service 

of any sentence imposed by law. 

1942 Code § 3859; 1932 Code § 3859; Civ. C. '22 § 1100; Civ. C. '12 § 979; Civ. C. '02 
§ 794; R. S. 676; 1893 (21) 489. 

Only in the case of felonies are the de- The sheriff cannot be paid for serving 

fendant's witnesses to be paid by the county. subpoena writs on witnesses for defendant 
Ex parte Henderson, 51 S. C. 331, 29 S. E. 5 in cases of misdemeanor. Whittle v. Saluda 
(1897); Eustace v. Greenville County, 42 County, 59 S. C. 554, 38 S. E. 168 (1900). 
S. C. 190, 20 S. E. 88 (1893). Stated in State v. Bullock, 54 S. C. 300, 

32 S. E. 424 (1898). 

§ 14-21. How court fees paid. 

The fees allowed jurors, constables and witnesses shall be (a) paid by the 

treasurers of the respective counties on the presentation to them of certificates 

signed by the presiding judge and countersigned by the clerk of court or (b) 

be received by such treasurers in the payment of all county taxes when duly 

approved by the respective county supervisors. 

1942 Code § 3860; 1932 Code § 3860; Civ. C. '22 § 1101; Civ. C. '12 § 980; Civ. C. '02 
§ 795; R. S. 677; 1893 (21) 489. 

Witness fees need not be proved by affi- Nor need they be approved by the county 

davit before payment of certificate. State supervisor unless presented in payment of 
v. Bullock, 54 S. C. 300, 32 S. E. 424 (1898). taxes. State v. Bullock, 54 S. C. 300, 32 

S. E. 424 (1898). 



47 



§ 14-51 



Code of Laws of South Carolina 



§ 14-52 



CHAPTER 2. 
Boundaries of Existing Counties. 



Sec. 

14-51. Abbeville County. 
14-52. Aiken County. 
14-53. Allendale County. 
14-54. Anderson County. 
14-55. Bamberg County. 
14-56. Barnwell County. 
14-57. Beaufort County. 
14-58. Berkeley County. 
14-59. Calhoun County. 
14-60. Charleston County. 
14-61. Cherokee County. 
14-62. Chester County. 
14-63. Chesterfield County. 
14-64. Clarendon County. 
14-65. Colleton County. 
14-66. Darlington County. 
14-67. Dillon County. 
14-68. Dorchester County. 
14-69. Edgefield County. 
14-70. Florence County. 
14-71. Fairfield County. 
14-72. Georgetown County. 
14-73. Greenville County. 



Sec. 

14-74. Greenwood County. 
14-75. Hampton County. 
14-76. Horry County. 
14-77. Jasper County. 
14-78. Kershaw County. 
14-79. Lancaster County. 
14-80. Laurens County. 
14-81. Lee County. 
14-82. Lexington County. 
14-83. Marion County. 
14-84. Marlboro County. 
14-85. McCormick County. 
14-86. Newberry County. 
14-87. Oconee County. 
14-88. Orangeburg County. 
14-89. Pickens County. 
14-90. Richland County. 
14-91. Saluda County. 
14-92. Spartanburg County. 
14-93. Sumter County. 
14-94. Union County. 
14-95. Williamsburg County. 
14-96. York County. 



§ 14-51. Abbeville County. 

Abbeville County is bounded as follows : on the southwest by the Savannah 

River, by which it is separated from Georgia; on the northwest by Anderson 

County, from which it is separated by a line (the old Indian boundary) drawn 

from a marked black gum, on the east bank of the Savannah River, at the foot 

of Grape Shoals, N. 50° E. to a willow oak, marked "A. & P.," on the south 

side of Saluda River; on the northeast by Laurens County, from which it is 

separated by the Saluda River, and by Greenwood County ; and on the southeast 

by McCormick County. 

1942 Code § 2976; 1932 Code § 2976; Civ. C. '22 § 668: Civ. C. '12 § 588: Civ. C. '02 
§ 530; G. S. 404; R. S. 462; (4) 661; (7) 199, 252, 284; 1897 (22) 605; 1898 (22) 896; 1916 
(29) 717. 



§ 14-52. Aiken County. 

Aiken County is bounded as follows : on the northwest by Edgefield and 
Saluda Counties from which it is divided by a straight line commencing at the 
mouth of Fox's Creek, where it empties into Savannah River, and running 
thence to where the south branch of Chinquapin Falls Creek (a tributary of 
the North Edisto River) intersects the Saluda and Lexington line : on the 
northeast by Lexington County, from which it is divided by said creek to where 
it empties into the North Fork of the Edisto River and by the said North 
Fork to where the dividing line between Lexington and Orangeburg Counties 
(running from Big Beaver Creek to the North Fork of the Edisto) touches 
said river; on the southeast by Orangeburg and Barnwell Counties, from which 

48 



§ 14-53 Counties § 14-54 

it is divided by a straight line established by J. Seth Mixon, deputy surveyor, 

running by A. J. Weathersbee's old mill to the Savannah River, at a point 

below the mouth of the Upper Three Runs Creek, said survey having been 

made under act of Assembly approved March 14 1874 : on the southwest by 

Georgia, from which it is separated by the Savannah River. 

1942 Code § 2977; 1932 Code § 2977; Civ. C. '22 § 669; Civ. C. '12 § 589: Civ. C. '02 
§531; (4) 661, 664; (5) 478, 506; (6) 473; (7) 199, 248, 261, 284; 1868 (14) 695; (15) 649; 
1896 (22) 249. 

§ 14-53. Allendale County. 

Allendale County is bounded as follows: beginning at a point in the Savan- 
nah River on the South Carolina and Georgia boundary line opposite Steel 
Landing and running in a northerly direction to a stake at Steel Landing; 
thence a straight line N. 43° E. about 6.12 miles to a stake at or near the 
intersection of the Barnwell-Robbins public road with a road leading to 
Millett ; thence S. 73° E. about 5.23 miles to a stake at or near Stinson's Bridge 
on Lower Three Runs ; thence S. 70° E. about 5.50 miles at a stake at or near 
Goodson's Mill site: thence E. about 4.72 miles to a stake on Well Branch; 
thence down the run of Well Branch to the Salkehatchie River; thence down 
the Salkehatchie River to its intersection with the Bamberg-Colleton County 
line ; thence southwesterly along a continuation of said Bamberg-Colleton 
County line to its intersection with the eastern edge of the right of way of the 
Seaboard Air Line Railway : thence in a southerly direction along said eastern 
edge of said railway right of way to a stake eight miles and 200 feet from the 
Hampton County courthouse ; thence in a westerly direction to the confluence 
of Beach Branch with the Coosawhatchie River ; thence up the run of said 
Beach Branch to its intersection with the eastern edge of the right of way of 
the Southern Railway Company ; thence southerly along said eastern edge of 
said right of way 3.78 miles to a stake: thence S. 494° W. 1.68 miles to the 
junction of the Hudson Ferrey Road and the Sisters Ferry Road ; thence 
southerly along the south side of the said Hudson Ferry Road to a stake about 
one-half mile above Long Creek Bridge; thence in a straight line S. 71° W. 
about 1.75 miles to a stake on the east side of the River Road about one-fourth 
mile north of Long Creek Bridge on said River Road ; thence in a straight 
line S. 55° W. 10104 feet to a stake between an ironwood tree and a small 
branch : thence west 3306 feet to a stake on the east side of the Savannah 
River: thence continuing west to a point in the Savannah River on the South 
Carolina-Georgia State line ; thence northerly along said South Carolina- 
Georgia State line to the point of beginning. 

1942 Code § 2978: 1932 Code § 2978; Civ. C. *22 § 670; 1919 (31) 5. 

§ 14-54. Anderson County. 

Anderson County is bounded as follows : on the northwest and north 
by Oconee and Pickens Counties, from which it is divided by a line commencing 
at the mouth of Cane Creek, on Tugaloo River and running thence to the point 
where Eighteen Mile Creek is crossed by the road leading from Pendleton to 
Hagood's Store, thence to the mouth of George's Creek, on the Saluda River; 
[2 SC Code]— 4 49 



§ 14-55 Code of Laws of South Carolina § 14-56 

on the northeast and east by Greenville County, from which it is separated by 

the Saluda River; on the southeast by Abbeville County, from which it is 

divided by a line drawn from a marked black gum on the east bank of the 

Savannah River, at the foot of Grape Shoals, to a willow oak, marked "A. & 

P.." on the south side of the Saluda River; on the southwest by the state of 

Georgia, from which it is separated by the Savannah River. 

1942 Code § 2979; 1932 Code § 2979; Civ. C. '22 § 671; Civ. C. '12 § 590; Civ. C. '02 
§ 532; G. S. 406; R. S. 464; (1) 196; (6) 39, 289, 341; (7) 261. 

§ 14-55. Bamberg County. 

Bamberg County is bounded as follows : beginning at a point in the middle 
of the stream of the Salkehatchie River, where George's Creek enters said 
river, and running due north up said stream by Rush's Mill to a gum tree one 
and one-fourth miles above Rush's Mill ; thence due north to a point in the 
middle of the stream of South Edisto River ; thence down the middle of the 
stream of said river to where it enters into the Edisto River ; thence down the 
middle of the latter river to the point where the same is intersected by the old 
district line, dividing the old county of Barmvell from the county of Colleton; 
thence along said dividing line to the corner of Colleton County ; thence S. 30° 
E. 31.50 chains to a stake on ditch; thence S. 24° 50' E. 4.50 chains to a stake 
by ditch ; thence S. 64° 25' E. 6 chains to a stake on road ; thence S. 17° 50' E. 
40 chains to a stake ; thence S. 72° E. 62 links to a chain ; thence S. 8° 5' W. 
27.59 chains to a stake on road passing between property now or formerly 
owned by D. N. Linder and H. B. Linder; thence S. 1° W. 18.50 chains to a 
stake in edge of pond passing through property now or formerly owned by 
H. B. Linder ; thence following the run of the branch to a large gum marked 
XIII ; thence S. 82° E. 10 chains to corner stake between land now or formerly 
owned by James Barnes and Isham Padgett ; thence S. 64° E. 24 chains to a 
stake marked XIII at Branchville-Lodge Road; thence S. 39.25° E. 14 chains 
to gum marked XIII at edge of small pond ; thence S. 34° E. 17.60 chains to 
a corner in stream of Little Swamp ; thence following down the run of Little 
Swamp, following it in its devious courses across the Smoak-Bamberg Road 
and Mauldin Railroad to stake marked XIII in midstream; thence S. 82^° W. 
443.18 chains following old ditch line to stake marked XIII in midstream of 
Little Salkehatchie River ; thence up the same river, following in its devious 
courses across the Mauldin Railroad and Lodge Dirt Road to gum in mid- 
stream marked XIII; thence with the meanderings of Little Salkehatchie 
River to a point on the Bamberg-Colleton line; thence with the old district line, 
hereinbefore mentioned, to the Big Salkehatchie River ; thence in a north- 
westerly direction with the Big Salkehatchie to the beginning corner. 

1942 Code § 29S0; 1932 Code § 29S0; Civ. C. '22 § 672; Civ. C. '12 § 591; Civ. C. '02 
§ 533; 1897 (22) 580: 1920 (31) 773. 

§ 14-56. Barnwell County. 

Barmvell County is bounded as follows: on the northwest by Aiken County, 
from which it is divided by a line beginning at the point upon the Savannah 
River, below the mouth of the Upper Three Runs Creeks, as established by the 

50 [2SCCode] 



§ 14-57 Counties § 14-58 

survey of J. Seth Mixon, under act approved March 14 1874, and following 

said line to A. J. Weathersbee's old mill, then to the South Edisto River, in 

the direction of the point on the North Edisto River (mouth of Cedar Branch), 

where the line between Orangeburg and Lexington Counties, drawn from Big 

Beaver Creek, touches said river; on the northeast by Orangeburg County, from 

which it is separated by the South Edisto River as far down as the northeast 

corner of Bamberg County ; on the east by the line separating it from Bamberg 

County ; on the southeast by Allendale County ; and on the southwest by the 

state of Georgia, from which it is separated by the Savannah River. 

1942 Code §2980; 1932 Code §2980; Civ. C. '22 §672; Civ. C. '12 §591; Civ. C. '02 
§534; G. S. 407; R. S. 465; (4) 664; (7) 199, 284; 1868 (14) 695; (15) 649; 1897 (22) 580; 
1919 (31) 5. 

§ 14-57. Beaufort County. 

Beaufort County is bounded as follows : on the northeast by Colleton County, 
from which it is separated by St. Helena Sound, and by the Combahee and 
Salkehatchie Rivers ; on the north by the center of the track of the Atlantic 
Coast Line Railroad which separates it from Hampton County ; on the west 
and southwest by Jasper County and the state of Georgia, it being separated 
from the state of Georgia by the Savannah River; and on the south and 
southeast by the Atlantic Ocean; including in the county all the islands along 
the coast from the mouth of the Savannah River to St. Helena Sound ; except- 
ed from said boundaries, however, is that portion included therein which was 
formerly a part of Beaufort County but was annexed to Jasper County in 1950 
by act of the General Assembly (Acts 1950, p. 2332), described as lying west 
of New River and run of Great Swamp known as and constituting Yemassee 
Township. 

1942 Code § 2982; 1932 Code § 2982; Civ. C. '22 § 674; Civ. C. '12 § 593; Civ. C. '02 
§535; G. S. 408; R. S. 466; (7) 199, 251, 484; 1878 (16) 375; 1912 (27) 827; 1916 (29) 754; 
1950 (46) 2332. 

Cross reference. — As to addition made to 
Beaufort County from Jasper County, see 
last paragraph of § 14-77. 

§ 14-58. Berkeley County. 

Berkeley County is bounded as follows : northeastwardly and north by the 
Santee River, separating it from the counties of Georgetown, Williamsburg and 
Clarendon; northwestwardly by Orangeburg County; southwestwardly by 
Dorchester County ; southwestwardly and southeastwardly by Charleston Coun- 
ty. And said Berkeley County shall include within its limits the whole of the 
subdivision formerly known as the Parishes of St. John, Berkeley, St. Stephen, 
St. Thomas and St. Dennis, and parts of the subdivisions formerly known as 
St. James Goose Creek, St. James Santee and St. Andrews ; provided, that the 
county lines of Berkeley County and of Orangeburg County are hereby so al- 
tered as to cut off from said Berkeley County and to transfer and annex to and 
incorporate within said Orangeburg County all of that certain territory or 
portion of Berkeley County embraced within the following lines and bound- 
aries, to wit: beginning at a point located on Four Holes Swamp at the in- 
tersection of the boundary lines of Orangeburg, Dorchester and Berkeley Coun- 

51 



§ 14-59 Code of Laws of South Carolina § 14-59 

ties, and extending in a southeasterly direction, along Four Holes Swamp, the 
same being the boundary between Dorchester and Berkeley Counties, to a large 
cypress which stands at the confluence of Four Holes and Dean Swamps, at 
the upper part of Turkey Lake; thence up and along the run of Dean Swamp 
as it meanders to a point where Dean Swamp and Black Creek unite ; thence 
up Black Creek to the point where Big Black Creek and Little Black Creek- 
unite ; thence up Little Black Creek to the point where the "new road" 
crosses said Little Black Creek ; thence northerly up the "new road" to the 
Monck's Corner Public Road, near Mark Richardson's place ; thence N. 10 
chains to a pine; then N. 14° E. 38 chains to a stake; thence S. 37° 15' E. 49 
chains to a stake; thence E. 9.70 chains to a stake; thence N. 39.50 chains 
to a stake ; thence N. 87° E. 34 chains and 10 links ; thence N. 54.50 chains to 
a stake ; thence N. 1° 30' W. 18 chains and 60 links to a stake ; thence N. 30° 
W. 31 chains to a stake; thence N. 8° W. 11 chains to a cypress at the River 
Road and Rock Creek Bridge ; thence northeast along Rock Creek to where 
Rock Creek empties into the Santee River ; thence up the Santee River to the 
mouth of Eutaw Creek, where the Orangeburg and Berkeley lines connect : 
thence southwest along the boundary line between Orangeburg and Berkeley 
Counties to the point of beginning, less the following territory transferred to 
Charleston County by Act of the General Assembly approved February 28 1921, 
to wit : the county lines of Berkeley County and of Charleston County are here- 
by so altered as to cut off from said Berkeley County and to transfer and annex 
to incorporate within said Charleston County, all that certain territory or 
portion of Berkeley County embraced within the following lines and bound- 
aries, to wit : beginning at the intersection of the present line between Charles- 
ton County and Berkeley County with the western line of the right of way of 
Atlantic Coast Line Railroad, and running thence northwardly with the 
western line of said right of way to its intersection with the run of Goose 
Creek ; thence with the run of Goose Creek in a westerly direction to its inter- 
section with the eastern boundary of Elms Tract, now owned by Goose Creek- 
Land Company ; thence northwardly along the eastern boundary of said tract 
to its intersection with the southern line of the Ladson Road ; thence west- 
wardly with the southern line of said Ladson Road to its intersection with the 
eastern line of the Blue House Road ; thence on a bearing N. 50° 20' W. to 
the southeast corner of Dorchester County ; thence with the run of Saw Mill 
Branch westwardly to a point in Dorchester County line 59 chains west of the 
western right-of-way line of the Southern Raihvay ; thence S. 44° 30' E. 
along the Dorchester County line 638 chains to a corner ; thence S. 19° 30' W. 
along the Dorchester County line 247 chains to the mouth of Saw Pit Creek ; 
thence on a bearing N. 79° 50' E. 396 chains to the point of beginning. 

1942 Code § 2983; 1932 Code § 2983; Civ. C. '22 § 675; Civ. C. '12 § 594; Civ. C. '02 
§ 536; G. S. 409; R. S. 467; 1893 (21) 561; 1896 (22) 309; 1897 (22) 595; 1921 (32) 184; 
1931 (37) 552. 

§ 14-59. Calhoun County. 

Calhoun County is bounded as follows: beginning in Lexington County on 
the Congaree River at a point where the land line between land now or 

52 



§ 14-59 Counties § 14-59 

formerly owned by C. M. Cremaretie and land now or formerly owned by 
Vandy Spears strikes said river and running the land line between said lands 
(Said Cremaretie land is in and said Spears land is out of Calhoun County) 
crossing the State Road on this same land line, continuing straight line 125 
chains to a pine on the Pine Plain Road, thence S. 21° 50' W. 16.50 chains 
to pine on same road ; thence S. 10° W. 71 chains to a stake on land now or 
formerly owned by Nina Davis ; thence S. 23° E. on said line (Said Davis 
land is out of and land now or formerly owned by Geiger is in Calhoun County) 
crossing the Savanay Hunt Creek (Land now or formerly owned by Crawley 
is out of Calhoun County) at 45 chains to a pine, total distance 103 chains, 
then S. 11° W. to a dead pine on Pine Plain Road, distance 3 miles, S. 2° E. 
with road 20 chains, same line 55 chains to Big SandyRun near the south of 
Huckabass Mill, continuing to 1 mile, then S. 36.50° W. 35 chains to a pine 
near Pine Plain Road, S. 29.50° W. said road line, 23.50 chains, dead pine then 
S. 33° W. 53 chains to pine and stake on Rast land, then S. 9.50° W. 11 chains 
pine, S. 1° E. straight line to line of land now or formerly owned by Mrs. R. L. 
Baker, then with said line to a corner near Camp Ground Road, then a straight 
line to Orangeburg Road near Porterfield Mill, then a direct line to the head 
of Branham Branch and with said branch to Beaver Creek, then with the 
Orangeburg and Lexington line southwest to the corner of Caiv Cazv and 
Elizabeth townships and with said line southwest to the Joe Amaker old mill 
on Lime Stone Creek, then N. 45° E. to Little Lime Stone, then with same 
creek north to Poplar on Robertson Plantation Road, then S. 7.6° E. to the 
Kennerly Road, crossing the Kennedy Road one-half mile south of the house 
now or formerly owned by Moody Godwin, continuing the same line crossing 
the Columbia Road nine miles north of Orangeburg, continuing to the Southern 
Railway crossing 8.50 miles northeast of Orangeburg courthouse, continuing 
from said point on Southern Railway to a point on Four Hole Creek marked 
and designated by an ash tree X and witnessed by maple and gum trees, said 
line having the following course: S. 49° E. and being about 47,550 feet, thence 
with the creek to the land formerly owned by Jacob Riley, and with said land 
line out to State Road near the property formerly owned by Fred Dantzler 
down said road to the land corner of said Fred Dantzler property then said 
Dantzler land line to point on line of land formerly owned by Haigler then 
said Hiagler's land line, the line to public road, Oak X 3 N. near former 
residence of David Smith, said road the line to a branch southwest of former 
residence of T. V. Bair then up said branch 40 chains to a stake X 3 N., then 
northeast across Atlantic Coast Line Railroad to stake 66 feet from center of 
track, then up the said right of way N. 57.50° W. 120 chains to stake on the 
Orangeburg Road 66 feet from center of Atlantic Coast Line Railroad track, 
Orangeburg Road the line to the Monck's Corner Road, then N. 73° E. 
passing at the north edge of the old Santee Graveyard, continuing to a stake 
X 3 N., north of C. W. Shumaker's former residence, then S. 67° E. to a 
stake by road of Capt. George D. Rast's estate land, then N. 79° 45' E. to an 
oak on the road near Trinity Graveyard, then N. 69° E. to a stake on Two 
Chop Road by Neighborhood Road, intersecting on land formerly owned by 
J. A. Johnson, then south Two Chop Road the line to Little Poplar Creek, 

53 



§ 14-60 Code of Laws of South Carolina § 14-60 

distance 37 chains, then down the said creek the line to McCord's Ferry Road, 
said road the line S. 45° E. 209 chains to Hydrick's old mill on Big Popular 
Creek, said creek the line to Santee River, up the Santee River to the Congaree 
River, up the Congaree River to beginning point. 

1942 Code § 2984; 1932 Code § 2984; Civ. C. '22 § 676; Civ. C. '12 § 595; 1908 (25) 1279. 

§ 14-60. Charleston County. 

Charleston County is bounded as follows : by a line beginning at the mouth 
of the South Edisto River where it empties into the Atlantic Ocean, and 
following up said river to the Dawho River; thence by the Dawho River to 
its intersection with the North Edisto River; thence by the Wadmalaw River 
and New Cut to Stono River; and thence up Stono River to Rantowle's Creek ; 
thence up Rantowle's Creek to its intersection with the former Colleton County 
line ; thence along said line to the eastern bank of Ashley River ; thence down 
said river to the former line of Colleton County on said bank ; thence eastward 
by a direct line to the mouth of Goose Creek on the western bank of Cooper 
River; thence southwardly along the western bank of Cooper River to the 
parish of St. Philip's ; thence down the Cooper River to the mouth of Guerin's 
Creek to Guerin's Bridge; thence by way of the Halfway Creek Wando River; 
thence up said Wando River to Guerin's Creek ; thence up road across Halfway 
Creek to Thompson Road and through Thompson Road to the center of 
Wambo Swamp; thence through the center of said swamp to the head of 
Wambo Creek, and through said creek to the South Santee River ; thence 
down the South Santee River to the ocean to the line of the jurisdiction of the 
State ; thence southwardly along the line of the jurisdiction of the State to a 
point opposite the mouth of South Edisto River; thence in a straight line to 
the beginning at the mouth of South Edisto River, and in addition thereto the 
following territory transferred from Berkeley County by act of the General 
Assembly, approved February 28 1921, to wit: beginning at the intersection 
of the present line between Charleston County and Berkeley County with the 
western line of the right of way of the Atlantic Coast Line Railroad, and 
running thence northwardly with the western line of said right of way to its 
intersection with the run of Goose Creek ; thence with the run of Goose Creek 
in a westerly direction to its intersection with the eastern boundary of Elms 
Tract, now owned by Goose Creek Land Company ; thence northwardly along 
the eastern boundary of said tract to its intersection with the southern line 
of the Ladson Road ; thence westwardly with the southern line of said Ladson 
Road to its intersection with the eastern line of the Blue House Road ; thence 
on a bearing N. 50° 20' W. to the southeast corner of Dorchester County ; 
thence with the run of Saw Mill, Branch westwardly to a point in Dorchester 
County line 59 chains west of the western right of way line of the Southern 
Railway; thence S. 44° 30' E. along the Dorchester County line 638 chains 
to a corner; thence S. 19° 30' W. along the Dorchester County line 247 chains 
to the mouth of Saw Pit Creek ; thence on a bearing N. 79° 50' E. 396 chains 
to the point of beginning. 

1942 Code § 2985; 1932 Code § 2985: Civ. C. '22 § 677: Civ. C. '12 § 596: Civ. C. - 02 
§ 537; G. S. 410; R. S. 468; 1893 (21) 561; 1896 (22) 310; 1921 (32) 184; 1931 (37) 552. 

54 



§ 14-61 Counties § 14-62 

§ 14-61. Cherokee County. 

Cherokee County is bounded as follows: beginning at the mouth of Brown's 
Branch and running up branch 76.60 chains to near where G. W. Webster now 
lives or formerly resided, placing his present or former residence in new coun- 
ty ; thence S. 75° W. 66.23 chains to rock N. E. corner lot of property now or 
formerly owned by Pacolet Manufacturing Company at Brown's old mill ; 
thence N. 63° W. 15.70 with line of said lot to rock; thence S. 45° N. 5.73 to 
maple; thence same course 87 links to Pacolet River; thence with said river 
upstream 7.36 to stake on Pacolet ; thence N. 16° W. property now or formerly 
owned by H. L. C. Murphy in old county, property known as Hammett prop- 
erty in new county, Hammett School House near crossroads in old county, 
property now or formerly owned by Miss Mary Brown in new county, 509.80 
chains to stake 1 mile east of town Cowpens; thence N. 24° W. 64 chains to 
line of Lime Stone township; thence west with Lime Stone township 80 chains 
to southwest corner of said township; thence N. 116.80 chains with line of 
Lime Stone township to mark line running N. 24° W ; thence N. 24° W., 
leaving property now or formerly owned by Joel Petty and property now or 
formerly owned by Cleveland Gossett in old county, passing through house 
now or formerly occupied by J. G. Powell, leaving the property now or former- 
ly owned by Andy Norton in Spartanburg County, also house now or formerly 
owned by Mrs. Price, placing the house now or formerly belonging to Cash 
and the house now or formerly owned by Fate Martin in new county, passing 
through the storeroom now or formerly belonging to Finch Martin, but 
leaving his present or former dwelling house in old county, leaving properties 
now or formerly owned by John Walker and Mrs. Cudd in Spartanburg County, 
785.65 chains to stake on North Carolina line ; thence with said line crossing 
Broad River, and continuing at the corner of Cherokee township in York 
County; thence south with east boundary of said township to stake; thence 
west to corner of said township on King's Creek ; thence down King's Creek 
to middle of Broad River; thence down Broad River to center of river op- 
posite Pacolet River; thence up Pacolet River to opposite Brown's Branch 
to beginning point, and in addition thereto the following territory containing 
two square miles transferred from York County by act of the General Assem- 
bly, approved 11th day of February 1921, to wit: beginning at a stake in road 
in State line on top of mountain at Burned Grocery and running thence S. 
43.5° W. 224 chains to a large pine at northeast end of Brown Mountain ; 
thence with the Cherokee County line N. 2.5° W. 152 chains to B. O., E. A. 
Patterson's corner in State line; thence S. 86° E. 165 chains with State line 
to the beginning corner, containing two square miles. 

1942 Code § 2986; 1932 Code § 2986; Civ. C. '22 § 678; Civ. C. '12 § 597; Civ. C. '02 
§ 538; 1897 (22) 588; 1921 (32) 23. 

§ 14-62. Chester County. 

Chester County is bounded as follows: on the north by a line beginning at a 
hickory tree on the southwest side pf the Catawba River about ten chains 
above the mouth of Ferrill's Creek and running (nearly 80° west) by an old 
line called and known by the name of the Line of the New Acquisition to an 

55 



§ 14-63 Code of Laws of South Carolina § 14-64 

ash and black gum on the bank of Broad River on Robert Elliott's lands; 

thence down Broad River to the mouth of Sandy River; thence in a direct 

line to the mouth of Rock Creek on the Catawba River; thence up to the 

Catawba River to the place of beginning. 

1942 Code § 2987; 1932 Code § 2987; Civ. C. '22 § 679; Civ. C. '12 § 598; Civ. C. '02 
§ 539; G. S. 411; R. S. 469; (4) 662; (5) 317; (7) 284. 

§ 14-63. Chesterfield County. 

Chesterfield County is bounded as follows: on the north by the North 

Carolina line; on the east by Marlboro County from which it is separated by 

Great Pee Dee River ; on the south by Darlington County from which it is 

divided by Cedar Creek, commencing at its mouth where it enters into the 

Great Pee Dee, and up said creek to the head of the southernmost branch, and 

thence by a direct line S. 51° 45' W., to the fork of Lynch's River; on the 

southwest by Kershaw and Lancaster Counties from which it is separated by 

Lynch's River. 

1942 Code § 2988; 1932 Code § 2988; Civ. C. '22 § 680; Civ. C. '12 § 599; Civ. C. '02 
§ 540; G. S. 412; R. S. 470; (4) 662; (7) 199, 261, 284; (12) 785. 

§ 14-64. Clarendon County. 

Clarendon County is bounded as follows: on the north and northwest by 
Sumter County, from which it is separated by the following lines: beginning 
at a corner on the east side of Santee River and running thence N. 76° E. 654 
chains to a forked pine corner; thence S. 82° E. 104 chains to a pine corner; 
thence N. 76° 520 chains to a post on the Vance's Ferry Road ; thence N. 77° 
E. 368 chains and 50 links to a corner on Pocotaligo River ; thence N. 34° E. 134 
chains and 50 links to a corner; thence N. 55° E. 650 chains and 50 links to 
a corner in Black River ; thence N. 86.5° E. 63 chains to a post on the Salem 
Road; thence N. 52° E. 200 chains to a black gum corner; thence N. 55° E. 
401 chains to a pine corner; thence N. 58.5° E. 135 chains to the eastern 
side of Dyall's Bay; thence N. 55° E. 15 chains to Mill Bay; thence N. 57.5° 
E. 94 chains to two sweet gums; thence N. 55° E. 46 chains and 80 links to 
Wood's Mill; thence by a straight southerly line to Hudson's Mill: thence 
following the Centennial Road in an easterly direction until it intersects the 
old dividing line between Clarendon and Williamsburg Counties, said line being 
the old district line; thence S. 63° 15' W. 98.19 chains to a point on the Cade 
Road; thence S. 80° 35' W. 49.15 chains to the Lynchburg Road; thence S. 
46° W. 330.30 chains to a stake; thence S. 19° 17' E. 159.85 chains to a stake: 
thence S. 19° 2' E. 110.37 chains to a cypress on Black River where said 
river intersects the old district line hereinbefore mentioned; thence with the 
old district line in a southwesterly direction until it intersects the Santee River 
three-fourths of a mile below Gaillard's Island ; and on the south and south- 
west by Santee River, which separates it from Berkeley, Orangeburg and 
Calhoun Counties, less the following territory containing 93.50 square miles 
transferred to Sumter County, by act of the General Assembly, approved March 
7 1921, to wit: commencing at a point on the Sumter County line and running 
thence south 1.42 miles to an oak at the intersection of the public road leading 

56 



§ 14-65 Counties § 14-65 

from Paxville to Pinewood with the road leading from PaxviUe to Broadway 
siding; thence S. 9° 30' E. 1.52 miles to the center of Curtis Mill dam; thence 
S. 1° 20' E. 2.36 miles to the intersection of the run of Hungary Hall Branch, 
with the run of Des Champs Branch ; thence with the run of Des Champs 
Branch to the intersection of said run with the public road leading from Panola 
to Calvary Church ; thence S. 78° 2.93 miles to intersection with the line of 
school district No. 1 ; thence S. 2° 30' W. 2.49 miles to intersection with the 
boundary between Big Horn Hickory Elmwood plantation or the intersection 
with a projection of said boundary line; then S. 39° 4,000 feet; then N. 47° 
W. 817 feet; then in a southwesterly direction to Santee River; then in a 
northwesterly direction with the Santee River to a point where the same 
intersects the Sumter County line ; then eastwardly along the Sumter County 
line to the beginning point. 

To above described area of Clarendon County is to be added, however, that 
territory transferred from Sumter County by act approved March 11 1922, to 
wit: all that certain territory or portion formerly of Sumter County, em- 
braced within the following lines and boundaries, to wit: beginning at a 
point on Santee River 72 feet northwest of the center of the Atlantic Coast 
Line Railroad running from Sumter to Orangeburg, running N. 46° 50' E. for 
a distance of 9,521 feet parallel to railroad; thence N. 41° 2' E. for a distance of 
5,658 feet to a point 72 feet west of center of railroad; thence N. 16° E. for a 
distance of 7,257 feet parallel to railroad; thence N. 26° 50' E. for a distance of 
8,650 feet to a point 72 feet northwest of railroad ; thence S. 87° E. for a distance 
of 6,864 feet : thence N. 12° 30' E. for a distance of 8,840 feet ; thence N. 87° 30' 
E. for a distance of 5,920 feet; thence S. 15° 30' E. for a distance of 5,430 feet; 
thence S. 65° W. for a distance of 2,370 feet; thence S. 9° W. for a distance of 
3,432 feet; thence N. 85° E. for a distance of 13.200 feet; thence S. 1° 20' E. for 
a distance of 10,479 feet to the intersection of Hungary Hall Branch and Des 
Champs Branch ; thence up the run of Des Champs Branch in a southwester- 
ly direction to the public road; thence S. 78° W. for a distance of 16,390 
feet; thence S. 2° 30' W. for a distance of 13,200 feet; thence S. 39° W. for a 
distance of 4,000 feet; thence N. 47° W. for a distance of 817 feet; thence 
S. 42° W. for a distance of 2,248 feet; thence S. 40° W. for a distance of 
2,280 feet ; thence S. 37° 30' W. for a distance of 13.268 feet to a point on Santee 
River; thence up Santee River to the beginning point 72 feet northwest of 
railroad. 

1942 Code § 2989; 1932 Code § 2989; Civ. C. '22 § 681: Civ. C. '12 § 600: Civ. C. '02 
§541: G. S. 413; R. S. 471: (4) 662; (7) 199, 261: 1853 (12) 416, 611; 1888 (20) 168; 1889 
(20) 507, 517; 1914 (28) 612; 1921 (32) 283; 1922 (32) 987. 

§ 14-65. Colleton County. 

Colleton County is bounded as follows: on the east and northeast by 
Dorchester County from which it is separated by the Edisto River down to 
Parker's Ferry and by the public road running from said ferry to a public 
landing, known as Lowden's Landing, on Rantowle's Creek ; on the east by 
Charleston County; on the southwest by Hampton County from which it is 
separated by the Salkehatchie River and by Beaufort County from which it 

57 



§ 14-66 Code of Laws of South Carolina § 14-OJ 

is separated by the Salkehatchie and Combahee Rivers and St. Helena Sound; 
on the northwest by Bamberg County. 

1942 Code § 2990; 1932 Code § 2990; Civ. C. '22 § 682; Civ. C. '12 § 601; Civ. C. '02 
§ 542; G. S. 414; R. S. 472; (7) 109, 284; 1897 (22) 580, 595; 1919 (31) 95; 1920 (31) 773. 

§ 14-66. Darlington County. 

Darlington County is bounded as follows: on the southwest by Lynch's 
River and Lee County, beginning at the mouth of Little Lynch's River; 
thence down Lynch's River a distance of 3 miles near Kelley's Bridge \ of a 
mile south of said bridge ; thence N. 42° E. 3 miles to Ashland Methodist 
Church ; thence N. 22° E. crossing the Chesterfield Road between the prop- 
erty now or formerly owned by J. E. Woodham and the property now or 
formerly owned by J. W. Gardner 2.62 of a mile to Stuckey's gate on the old 
State Road ; thence down said road f of a mile; thence due south 2.62 of a mile 
to Liberty Hill Church, at the head of Sparrow Swamp ; thence down Sparrow 
Swamp to a point in the Marco Mill Pond near property now or formerly 
owned by B. A. Howls ; thence in Cypress township S. 28° E. \\ miles to 
Long Branch; thence up said branch \ of a mile; thence S. 28° E. 1£ miles to 
Screeches Branch ; thence due south 3 miles to the Lamar township line ; 
thence following said line to Lynch's River; thence down said river to Sander's 
Bridge; thence by an air line running to the point where the Cheraw and 
Darlington Railroad crosses High Hill Creek; thence down High Hill Creek 
to its confluence with Black Creek; thence up Black Creek to Muse's Bridge; 
thence following the direction of a straight line running from Muse's Bridge 
to Cashua Ferry until Back Swamp is reached ; thence down Back Swamp to 
Herring Creek ; thence down said creek to its confluence with the Great Pee 
Dee River; thence up the Great Pee Dee to the mouth of Cedar Creek ; thence 
up Cedar Creek and its southernmost branch to the head of the said branch, 
and thence by direct line S. 51° 45' to the place of beginning. 

1942 Code § 2991; 1932 Code § 2991; Civ. C. '22 § 683; Civ. C. '12 § 602; Civ. C. '02 
§543; G. S. 415; R. S. 473; (4) 662; (7) 199, 261, 284; 1853 (12) 789; 1888 (20) 168; 1889 
(20) 507, 517. 

§ 14-67. Dillon County. 

Dillon County is bounded as follows: beginning at the mouth of Mill Creek 
where it empties into Big Pee Dee River and in middle of said river at said 
point; thence up the run of said creek to the bridge on the river road to a 
stake X 111 N.; thence N. 75° 56' E. 4,395 feet to a stake X 111 N., at the 
intersection of Gum Swamp and Cud Swamp ; thence up the run of Cud 
Swamp to the public road leading from L. D. Haselden's to Sellers, to a stake 
near bridge; thence N. 82° 47' E. 3,061 feet along said road to the town limits 
of Seller's to a stake ; thence N. 10° 26' W. 3,496.5 feet to a stake X ; thence 
N. 87° 43' E. 2,100 feet to a stake X ; thence N. 53° 22' E. 1,335 feet to a stake 
X; thence S. 56° 32' E. 1,107 feet to a stake X; thence N. 82° 30' E. 11,801 
feet to a stake ; thence N. 69° 40' E. 5,678 feet to an iron stake west side 
of the Marion and Latta public road near the property now or formerly owned 
by David Watson ; thence N. 88° 30' E. 2,305 feet to an iron stake of the pub- 

58 



§ 14-68 Counties § 14-68 

lie highway leading from Latta towards Marion, South Carolina, on the old 
Bryant place, the said roads being the ones heretofore referred to in the orig- 
inal petition setting forth the boundary lines of the proposed new county; 
thence S. 89° 10' E. 6,940 feet to a stake X ; thence S. 68° 72' E. 4,920 feet to 
a stake X ; thence S. 60° 10' E. 20,545 feet to a stake X at east side of railroad ; 
thence N. 51° 37' E. 4,242 feet to its intersection with Buck Swamp; thence 
down the run of Buck Swamp with its various courses and distances to its 
junction with Little Pee Dee River; thence a straight line N. 48° 40' E. 
17,300 feet to a stake X 111 N. ; thence a straight line S. 44 c 48' E. 18,924 feet 
to a cypress tree X 3 N. at the junction of Ash Pole Swamp and Lumber 
River ; thence along the Lumber River to the North and South Carolina State 
line; thence along the North and South Carolina State line to the point where 
it intersects the line between Dillon and Marlboro Counties; thence along said 
line to the median line of the Great Pee Dee River; thence down the median 
line of said river to the beginning corner. 

1942 Code § 2992; 1932 Code § 2992; Civ. C. '22 § 684; Civ. C '12 § 603; 1909 (26) 
863. 

§ 14-68. Dorchester County. 

Dorchester County is composed of all that territory formerly a portion of 
Colleton County comprised in the townships of George, Koger, Cam, Burns, 
Givhans, Dorchester and that part of Collins township formerly in said county 
of Colleton lying north of the public road leading from Parker's Ferry, upon 
the Edisto River, to a public landing known as Lowndes' Landing, upon 
Rantowles Creek, and all that portion formerly of Berkeley County included 
within the following lines, to wit : from the intersection of the county line 
between Colleton and Berkeley Counties with the run of Four Holes Creek a 
straight line to a point upon Saw Mill Branch one mile northeast of the 
Southern Railway ; thence along said branch to the former Colleton County 
line, and thence back to the starting point along the former line of division 
between Colleton and Berkeley Counties. And is bounded northeast by Berke- 
ley County, from which it is separated by the Four Holes Swamp from the 
intersection of said swamp with the old district line (drawn from Nelson's 
Ferry, on the Santee River, to Matthew's Bluff, on Savannah River) to the 
intersection of the run of said swamp with the old county line between Colle- 
ton and Berkeley Counties ; and by a straight line running thence to a point 
upon Saw Mill Branch one mile northeast of the South Carolina and Georgia 
Railroad, and thence along said branch to the old division line between Colle- 
ton and Berkeley Counties ; and thence by said old division line to the point 
where said line intersects the division line between Charleston and Berkeley 
Counties ; on the southeast by Charleston County, from which it is separated 
by the old division line between Charleston and Colleton Counties to Lowndes' 
Landing, on Rantowles Creek ; southwest by Colleton County, from which 
it is separated by the public road leading from Lownc'.es' Landing, on 
Rantowles Creek, to Parker's Ferry, on Edisto River; and thence by the 
said river to the intersection of said river with the old district line down 

59 

BUREAU OF PUBLIC ASIUlx 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



§ 14-69 Code of Laws of South Carolina § 14-70 

from Nelson's Ferry, on Matthews' Bluff; and on the northwest and north- 
east by Orangeburg County, from which it is separated by said last mentioned 
district line. 

1942 Code § 2993; 1932 Code § 2993; Civ. C. '22 § 685; Civ. C. '12 § 604; Civ. C. '02 
§ 544; 1897 (22) 595. 

§ 14-69. Edgefield County. 

Edgefield County is bounded as follows: on the north and northeast by 
Greenwood and Saluda Counties ; on the southeast by Aiken County ; on the 
south and southwest by the Savannah River, which separates it from Georgia 
and McCormick County, which latter county is separated from Edgefield County 
by a line beginning on the Greemvood-Edgefield County line more particularly 
described in the boundaries of McCormick County, and running in a westerly 
direction to a stake about \ of a mile west of the old White place ; thence in 
a straight line S. 13° E. 10,978 feet to a stake; thence S. 77° W. 3,750 feet 
to a stake ; thence S. 13° E. 8,522 feet to a pine : thence S. 35° 45' E. 20,400 feet 
to Cochran's Bridge, on Turkey Creek; thence S. 26° 30' E. 1,680 feet to a 
point where a branch crosses a public road ; thence S. 59° 30' W. 27,908 feet to 
the run of Big Stevens' Creek ; thence down the run of Big Stevens' Creek 
to a stake ; thence S. 50° W. 22,828 feet to the South Carolina-Georgia line in 
the Savannah River, and in addition the following territory transferred from 
McCormick County by act of the General Assembly, approved February 9, 
1921, to wit: beginning on the McCormick and Edgefield County line at Moul- 
trie's Mill Branch on Turkey Creek ; thence down the run of Turkey Creek 
to its intersection with Stephen's Creek ; thence down the run of Stephen's 
Creek to the Edgefield and McCormick County line ; thence to Edgefield and 
McCormick County line N. 59° 45' E. 27,908 feet to a corner at the intersection 
of a public road with a branch of Beaver Creek ; thence with the Edgefield and 
McCormick County line N. 26° 15' W. 16,800 feet to the beginning, less the 
following territory transferred to McCormick County by act of the General 
Assembly, approved February 11 1921, to wit: all of that certain territory or 
portion of Edgefield County embraced within the following lines and bound- 
aries, to wit: beginning at a cottonwood tree on the west bank of Stephen's 
Creek ; thence to Edgefield and McCormick county line and the South Carolina 
and Georgia State line of the Savannah River ; thence the South Carolina and 
Georgia State line on the Savannah River to old Furry's Ferry ; thence a 
straight line N. 24° E. to a stake X 3 N. on the west bank of Stephen's Creek 
to the beginning point. 

1942 Code § 2994: 1932 Code § 2994; Civ. C. '22 § 686; Civ. C. '12 § 605; Civ. C. '02 
§ 545; G. S. 416; R. S. 474; (4) 661; (6) 463; (7) 196; 1870 (14) 695; 1896 (22) 248; 1898 
(22) 604, 896: 1916 (29) 717; 1921 (32) 6, 34. 

Cross reference. — For division line from those counties in §§ 14-74 and 14-91, and 
Greenwood and Saluda, see boundaries of S. C. Const., Art. 7, § 12. 

§ 14-70. Florence County. 

Florence County is bounded as follows: by a line beginning at Sanders' 
Bridge on Lynch's River running in an air line to a point where the Cheraw 

60 



§ 14-70 Counties § 14-70 

and Darlington Railroad crosses High Hill Creek; thence down High Hill 
Creek to its confluence with Black Creek; thence up Black Creek to Muse's 
Bridge; thence following the direction of a straight line running from Muse's 
Bridge to Cashua's Ferry to Black Swamp ; thence down Black Swamp to 
Herring Creek ; thence down said creek to its confluence with the Great Pee 
Dee River; thence following the Great Pee Dee River down to its inter- 
section with Lynch's River; thence following said river up to a point 
and above Anderson's Bridge ; thence in a straight line westward to the 
Williamsburg and Clarendon County line so as to embrace twenty-eight 
square miles of the territory of Williamsburg County ; thence following 
said Clarendon and Williamsburg County line in a southwesterly direction 
to its intersection with what is known as the Centennial Road ; thence 
following said Centennial Road in a westerly direction to Hudson's Mill; 
thence running in a northerly direction to a point on the Clarendon and 
Sumter County line at Wood's Mill; thence following the Clarendon and 
Sumter County line in a northeast direction to Lynch's River; thence following 
said river up to Sanders' Bridge to the beginning corner. Florence County 
also embraces the following described sections cut off from Williamsburg Coun- 
ty and incorporated within the county of Florence, as follows, to wit : all that 
portion of Lee and Lake townships as appears from plat made by E. J. Smith, 
surveyor, dated November 28 1903, beginning at a point one mile south of 
Anderson's Bridge on Lynch's River and then running in a westerly direction 
through portions of Lee and Lake townships in said county of Williamsburg 
to the line separating the county of Williamsburg from Mott's township in 
the county of Florence and also that portion of Williamsburg County annexed 
to Florence County pursuant to an act of the General Assembly of South 
Carolina, approved February 16 1912, and appearing as act No. 456, at page 
817 of the acts of 1912, vol. 27 of the statutes at large, and described as fol- 
lows: commencing at a point where the center of Lynch's Lake Swamp inter- 
sects the present Florence County line and following said Florence County line 
N. 16° 45' E. 26,000 feet to Cathold Landing and following in an easterly 
direction the run of the branch crossing Lynch's River and down the middle 
of said run to the point where the middle of Lynch's Lake Swamp intersects 
the middle of the run of Lynch's River; and thence up said middle of Lynch's 
Lake Swamp to point of beginning according to map made in February 1911 
by R. M. Cantey and Joseph Palmer, surveyors, and filed in the office of the 
clerk of court for Florence County and in addition the following territory con- 
taining 45.3 square miles, transferred from Williamsburg County by act of the 
General Assembly approved March 4 1921, to wit: beginning at a point in 
the road leading to Lee's Cross Roads where the same crosses Lynch's Creek 
and running S. 12° 30' W. 1,943 feet; thence S. 8° 10' W. 526 feet; thence S. 
14° 30' E. 1,119 feet; thence S. 25° 20' E. 730 feet ; thence S. 72° 20' E. 43,610 
feet to a stake at the road leading from Indian Town in Kingstree; thence N. 
26° E. 316 feet; thence along the Kingstree road N. 71° 35' E. 10,094 feet; 
thence 504 feet along said road to the intersection of Owen's Swamp ; thence 
527 feet along said road ; thence 806 feet along said road; thence northeast 711 

61 



§ 14-71 Code of Laws of South Carolina § 14-72 

feet; thence northeast 559 feet; thence E. 506 feet; thence southeast 1,225 feet 

to a point in the center of said road ; thence northeast 3,380 feet along center of 

said road; thence 2,315 feet to where it intersects Flanagan's Creek; thence 

along Muddy Creek to the intersection of Clark's Creek ; thence along Clark's 

Creek to the intersection of Pee Dee River ; thence along Pee Dee River to the 

mouth of Lynch's River; thence along Lynch's River to the mouth of Lynch's 

Lake ; thence along Lynch's Lake to the beginning point. 

1942 Code § 2996; 1932 Code § 2996; Civ. C. '22 § 688; Civ. C. '12 § 607; Civ. C. '02 
§ 547; R. S. 476; 1888 (20) 168; 1889 (20) 507, 517; 1904 (24) 447; 1912 (26) 817; 1921 
(32) 212. 

§14-71. Fairfield County. 

Fairfield County is bounded as follows : on the north by Chester County from 
which it is divided by a line from the mouth of Rocky Creek on the Catawba 
River to the mouth of Sandy River on Broad River ; on the west and south- 
west by Broad River by which it is separated from the counties of Union, New- 
berry and Lexington; on the south by Richland County from which it is sep- 
arated by Little River from its mouth up to a point about one-half mile above 
the plantation now or formerly owned by Mr. Shaffer (one mile above the 
mouth of Shaffer's Creek) and the line running from thence in a direct course 
to new corner on the Fairfield-Richland line where it crosses the median line 
of Cedar Creek ; thence up the median line of Cedar Creek with its various 
sources to Simmons' Creek ; thence up the median line of Simmons' Creek to 
a point marked X 3 N. on the bank of Simmons' Fork on Cedar Creek ; thence 
N. 72° 10' E. 23,800 feet to a stake on the Ridgeway-Blythewood Road ; thence 
N. 82° 20' E. 41,338 feet to a stake on the dividing line between Fairfield and 
Kershazv Counties ; on the east by the counties of Kershaw and Lancaster from 
which it is separated by a line drawn from the last named point in a north- 
easterly direction to Wateree River where Cornell's Creek enters it ; thence 
by the Wateree and Catawba Rivers as high as the mouth of Rocky Creek. 

1942 Code § 2995; 1932 Code § 2995; Civ. C. '22 § 687; Civ. C. '12 § 606; Civ. C. '02 
§ 546; G. S. 417; R. S. 475: (4) 662; (5) 317; (7) 199, 284; 1913 (28) 117. 

§ 14-72. Georgetown County. 

Georgetown County is bounded as follows : on the north and northeast by 
Marion County from which it is separated by the Great Pee Dee River from 
Britton's Ferry to its junction with the Little Pee Dee River ; on the northeast 
by Horry County from which it is separated by the Great Pee Dee River from 
its junction with the Little Pee Dee to its junction with Bull Creek,and thence 
by said creek to Waccamaw River and thence by said river down to a point 
about half a mile below Prince's Creek and thence by a line running N. 86.5° 
E. 5 miles and 67 chains to a cedar post on the seashore planted at low water- 
mark ; on the southeast by the Atlantic Ocean, including all the islands be- 
tween the last mentioned cedar post and the mouth of South Santee River; 
on the south and southwest by the counties of Charleston and Berkeley from 
which it is separated by the South Santee and Santee Rivers as far up as 
Leneud's Ferry ; on the west and northwest by Williamsburg County from 

62 



§ 14-73 Counties § 14-74 

which it is divided by the main road leading from Leneud's Ferry on the 
Santee River across Potato Ferry on Black River to Britton's Ferry on the 
Great Pee Dee. 

1942 Code § 2997; 1932 Code § 2997; Civ. C. '22 § 689; Civ. C. '12 § 608; Civ. C. '02 
§ 548; G. S. 418; R. S. 477; (4) 662; (S) 407, 478; (7) 199. 

§ 14-73. Greenville County. 

Greenville County is bounded as follows : on the north by the North Caro- 
lina line ; on the east and southeast by Spartanburg and Laurens Counties from 
which it is divided as follows: from Spartanburg County, by a line commenc- 
ing on the North Carolina line at a stone marked "S. C," on the east side of 
Blackstock Road near the Tryon Mountain and running S. 2° E. 22 miles and 
64 chains or until it intersects the Enoree River at Abner's Mill ; thence down 
the Enoree River to a point about If miles below Anderson's Bridge (the 
corner of Greenville and Laurens Counties) ; from Laurens County, by a line 
commencing at said point (opposite Zadock's Ford) and running S. 17° W. 11 
miles and 60 chains to a point ; thence S. 4° E. 3 miles and 45 chains to a water 
oak marked "L. G." on Reedy River; thence running to the mouth of Line 
Creek where it enters the Saluda River ; on the west by Anderson and Pickens 
Counties from which it is separated by the Saluda River. 

1942 Code § 2998; 1932 Code § 2998; Civ. C. '22 § 690; Civ. C. '12 § 609; Civ. C. '02 
§ 549; G. S. 419; R. S. 478; (7) 245, 284. 

History of named boundaries. — For a dis- see County of Greenville v. County of 
cussion of the history of the description of Spartanburg, 62 S. C. 105, 40 S. E. 147 
the boundary lines mentioned in this section, (1899). 

§ 14-74. Greenwood County. 

Greenwood County is bounded as follows: beginning at the middle line of 
Saluda River at the northeast corner of Saluda County, thence along the line 
of Saluda County to its northwest corner on Mountain Creek ; thence a straight 
line to the middle line of Shinburg Bridge on Cuffa Town Creek ; thence down 
the middle line of Cuffa Town Creek to its junction with Hard Labor Creek ; 
thence down the middle of Stevens' Creek to the mouth of Rocky Creek; 
thence up the middle line of Rocky Creek to the Abbeville and Edgefield County 
line; thence N. 33° W. to milepost on public road leading from Troy to Mc- 
Cormick near George Lebert's residence; thence N. 13° W. to a corner post 
150 feet south of Jordan's old mill on Long Cane Creek; thence N. 50° E. 2\ 
miles ; thence N. 42° E. 2 miles ; thence N. 27° 50' E. 2 miles ; thence N. 13° 20' 
E. 2 miles; thence N. 1° W. 2 miles; thence N. 15° 10' W. 2 miles; thence N. 
29° 20' W. 2 miles ; thence N. 43° 35' 2 miles ; thence N. 57° 45' W. \\ miles, to 
post 400 feet north of Douglas' Mill Bridge on Long Cane Creek ; thence N. 7° 
W. to division line between Long Cane and Cokesbury township ; thence up said 
division line to its crossing of Long Cane Creek; thence up the middle line of 
Long Cane Creek to its crossing of the division line between Donald's and 
Cokesbury townships; thence along said Cokesbury and Donald's township 

63 



§ 14-75 Code of Laws of South Carolina § 14-77 

division line to the middle line of Saluda River ; thence down the middle line of 

Saluda River to the northeast corner of Saluda County, the point of beginning. 

1942 Code § 2999; 1932 Code § 2999; Civ. C. '22 § 691; Civ. C. '12 § 610; Civ. C '02 
§ 550; 1897 (22) 604; 1898 (22) 897. 

§ 14-75. Hampton County. 

Hampton County is bounded as follows : on the northeast by Colleton County 
from which it is separated by the Combahee and Salkehatchie Rivers : on the 
northwest by Allendale County; on the southwest by the Savannah River 
which separates it from the state of Georgia and on the southeast by the 
counties of Jasper and Beaufort. 

1942 Code §3000; 1932 Code §3000; Civ. C. '22 §692; Civ. C. '12 §611; Civ C '02 
§ 551; G. S. 420; R. S. 479; 1878 (16) 375; 1912 (27) 827; 1914 (28) 626; 1916 (29) 754- 
1919 (31) 5. 

§ 14-76. Horry County. 

Horry County is bounded as follows: on the southeast by the Atlantic 
Ocean, a line of 31 miles ; on the northeast by the North Carolina line, begin- 
ning at a cedar stake (marked with nine notches) on the seashore of Goat 
Island, about 1^ miles east of the mouth of Little River, and running from 
thence until it intersects Lumber River, about 5$ miles to the east of New- 
som's Ferry; on the northwest, west and southwest by Dillon, Marion and 
Georgetown Counties from which it is separated as follows: by Lumber 
River to Little Pee Dee River; thence by Little Pee Dee River to its junction 
with Great Pee Dee River; thence by Great Pee Dee River to its junction with 
Bull Creek ; thence by said creek to the Waccamaw River, and down this 
river to a point about half a mile below Prince's Creek; and thence by a line 
running over to a cedar post on the seashore N. 86.5° E. 5 miles and 67 chains. 

1942 Code § 3001; 1932 Code § 3001; Civ. C. '22 § 693; Civ. C. '12 § 612; Civ. C. '02 
§ 552; G. S. 421; R. S. 480; (4) 663; (5) 407, 544. 

§ 14-77. Jasper County. 

Jasper County is bounded as follows: beginning at a point in the Savannah 
River, where the township line between Lawton and Goethe township on one 
side and Robert and Coosawhatchie on the other in Hampton County intersects 
the South Carolina-Georgia State line ; thence with said line between said 
townships to its intersection with Coosawhatchie River; thence down the said 
run of Coosawhatchie River with its various courses to its junction with Tule- 
finnie River ; thence down the same with its various courses to its intersec- 
tion with the western side of the right of way of the Atlantic Coast Line Rail- 
road Company; thence up said western side of right of way to its intersection 
with Pocataligo River ; thence down the same with its various courses to its 
junction with Broad River; thence down the same with its various courses 
to a pine tree X 3 N. on Belia Point on the south side of Coles Creek; thence a 
straight line to the median line of Hazards Back Creek opposite Boland Hall ; 
thence down said creek to its junction with Eutaw Creek; thence down said 
creek and through the nearest waterways to a point on Manigaults Neck 
where the land line dividing the land now or formerly owned by the Chelsea 

64 



§ 14-78 Counties § 14-78 

Club from the land now or formerly owned by Fripp intersect said creek or 
waterway; thence with said land line to its intersection with the Fripp public 
road ; thence down Jasper County side of the said Fripp public road to its 
intersection with the Hazel road ; thence westerly along the Jasper County 
side of said Hazel road to its intersection with a public road at or near Hazel 
Episcopal Church ; thence westerly along the Jasper County side of said public 
road to its intersection with the Charleston and Savannah turnpike ; thence 
the Jasper County side of the said turnpike to a point opposite its intersection 
with the southern boundary line of the land now or formerly owned by the 
Okeetee Club ; thence across said road to said boundary line ; thence with 
said line in a westerly direction to a corner where said land line turns in a 
northeasterly direction ; thence on said line in a northeasterly direction with 
said line three-fourths of a mile; thence a straight line with said line westerly 
to a point where the said boundary line of said Okeetee Club land intersects 
the former county line of Hampton and Beaufort Counties ; thence with said 
county line in a southwesterly direction to its intersection with the northeast- 
erly boundary of the Savannah and Augusta public road ; thence in a south- 
easterly direction with said northeasterly boundary of the Savannah and Au- 
gusta public road to its intersection with the Charleston and Savannah public 
road ; thence down the westerly boundary of the said Savannah and Augusta 
public road with its various courses and distances to a point on said road 
two miles from the east bank of the Savannah River at Screvens Ferry ; thence 
S. 60° W. a straight line to its intersection with the South Carolina-Georgia 
State line ; thence with said South Carolina-Georgia State line with its various 
courses and distances to the beginning point. Said county is hereby named 
Jasper, and the county seat thereof is hereby established in the town of Ridge- 
land. 

And in addition to said boundaries Jasper County includes the land formerly 
in Beaufort County, which was annexed to Jasper County in 1950 by act of the 
General Assembly (Acts 1950, p. 2332), described as lying west of New River 
and the run of Great Swamp known as and constituting Yemassee township. 

Part of the old Charleston and Savannah turnpike line, between Hazel Road 
and the southern boundary of said Okeetee Club property is hereby transferred 
to and made a part of Beaufort County. 

1942 Code § 3002: 1932 Code § 3002; Civ. C. '22 § 694; 1912 (27) 827; 1914 (28) 626; 
1916 (29) 754; 1939 (41) 536; 1950 (46) 2332. 

§ 14-78. Kershaw County. 

Kershaw County is bounded on the southeast by Lee and Sumter Counties 
from which it is divided by a line beginning at Spivey's Ferry on Lynch's River 
and extending along the Lee County line to the point where the line between 
Lee County and Sumter County meets the line of Kershazv County ; thence in 
a southwest direction along the Sumter County line to the Wateree River ; on 
the southwest by Richland»County, from which it is divided by a line beginning 
at the Wateree River, opposite to the last mentioned point, and running S. 
66° W. or by Raglin's Creek to Speer's Creek; thence up Raglin's Creek to 

[2SCCode] — 5 65 



§ 14-78 Code of Laws of South Carolina § 14-78 

its head ; thence by a straight line N. 40.75° W. 10 miles 17 chains ; thence 
N. 56.5° W. 1 mile 14 chains to a point over Rice Creek on Peay's plantation, 
nearly half a mile above the fork of Twenty-five Mile Creek; on the west by 
Fairfield County, from which it is separated by a line drawn from the last 
mentioned point N. 18.25° E. 23 miles 14 chains or until it intersects the 
Wateree River and up said river \ mile above Peay's Ferry; on the northwest 
and north by Lancaster County from which it is divided by the following 
lines: beginning at a point on Catawba River £ mile above Peay's Ferry, 
thence N. 54° E. 9 miles 62 chains to stone corner near Russell Place ; thence 
N. 74° E. 1 mile 37 chains and 50 links to corner at Hammond's Springs 75 
feet left ; thence N. 48° E. 2 miles 63 chains to stone corner near Hanging Rock 
Bridge; thence south along the Salisbury Road 4 miles 16 chains to corner 
near Bethel Church ; thence N. 66° E. 14 miles 76 chains 16 links to Lynch's 
River, separating Chesterfield from Kershaw and Lancaster Counties ; on the 
northeast by Chesterfield and Darlington Counties, from which it is separated 
by Lynch's River down to the place of beginning, less the following territory 
transferred to Lee County by act of the General Assembly approved March 7 
1921, to wit: commencing at that point on the McCullum public road from 
Bishopville to Camden, west of Marshall's just where the present boundary line 
between Lee and Kershaw County enters said road ; thence a northerly direc- 
tion to a point where the lands now or formerly owned by Joseph Radcliffe, 
D. L. Johnson and Richard Cullum corner ; thence in a northeasterly direction 
to Nidi's crossing on Thickhead Swamp ; thence in a northeasterly direction 
along the boundary line between lands now or formerly owned by M. H. Pate 
and Wesley McCaskill to neighborhood road leading from the McCullum road 
by residence of Wesley McCaskill ; thence in a northerly direction along said 
road to the point where the land now or formerly owned by J. S. Tisdale cor- 
ners with the land now or formerly belonging to the estate of Bullock ; thence 
in a northeasterly direction along the boundary line between said lands of 
estate of Bullock and lands now or formerly owned by J. S. Tisdale and be- 
tween lands now or formerly belonging to J. J. Self and Wiley Hatfield to 
neighborhood road, known as Riley's old road ; thence with the said road in 
a northeasterly direction to the intersection of Lee County and Kershazv Coun- 
ty boundary lines; thence with the Lee County line back to the beginning 
point. To the above described area of Kershaw County is to be added that 
territory transferred from Lee County by act approved March 5 1925, to wit : 
all that small portion of Lee County containing one thousand and seventeen 
acres, or one and 58/100 square miles, as shown by plat thereof on file in the 
office of the Secretary of State, executed by H. W. Shaw and A. B. Boykin, 
surveyors, dated June 25 and 26 1924, that is to say, that body of land which 
lies between the lines heretofore dividing the said two counties, and the line 
represented on said plat as beginning at Harbord Branch where the line be- 
tween the said two counties crosses said branch running thence S. 41° E. 3319 
feet; thence 27° 30' E. 1025 feet; thence S. 79° W. 2530 feet; thence S. 1° W. 
5147.09 feet; thence S. 8° 15' E. 3288 feet; thence S. 33° W. 8225 feet; thence 
N. 78° 30' W., to the Three Notch Road, be and the same is hereby annexed 

66 [2SCCodeJ 



§ 14-79 Counties § 14-81 

to Kershazv County, and the lines heretofore dividing the said two counties 

are altered accordingly. 

1942 Code § 3003; 1932 Code 5 3003; Civ. C. '22 § 695; Civ. C. '12 § 613: Civ. C. '02 
§553; G. S. 422; R. S. 484; (5) 218; (6) 69; (7) 270, 284; (9) 386; 1892 (21) 296; 1921 
(32) 239; 1925 (34) 12. 

§ 14-79. Lancaster County. 

Lancaster County is bounded as follows: on the north by the North Caro- 
lina line : on the west by the Catawba River and Big Sugar Creek from the 
point where it enters said river to intersection of the North Carolina line, which 
separates it from the counties of York, Chester and Fairfield; on the south by 
Kershaw County from which it is divided by the line mentioned in § 14-78 and 
on the east by Chesterfield County, from which it is separated by Lynch's River. 

1942 Code § 3004; 1932 Code § 3004; Civ. C. '22 § 696; Civ. C. '12 § 614: Civ. C. '02 
§ 554; G. S. 423; R. S. 482; (4) 662; (5) 218, 697; (6) 69; (7) 284; 1873 (15) 425. 

§ 14-80. Laurens County. 

Laurens County is bounded as follows: on the southwest by the Saluda 

River by which it is separated from Abbeville and Greemvood Counties ; on the 

northwest by Greenville County from which it is divided by a line commencing 

at the mouth of Line Creek, where it enters the Saluda River, and running 5 

miles and 45 chains to a water oak, marked "L. G." on the Reedy River ; thence 

N. 4° W. 3 miles and 45 chains to a point; thence N. 17° E. 11 miles and 60 

chains, to the ford on Enoree River opposite Zadock's Ford ; on the northeast 

by the Enoree River which separates it from Spartanburg and Union Counties : 

on the southeast by Newberry County from which it is divided by the old road 

leading from Odel's Ford on the Enoree River, to Island Ford on the Saluda 

River. 

1942 Code § 3005; 1932 Code § 3005; Civ. C. '22 § 697; Civ. C. '12 § 615; Civ. C. '02 
§ 555; G. S. 424; R. S. 483; (4) 661; (5) 220, 545; 1898 (22) 897. 

§ 14-81. Lee County. 

Lee County is bounded as follows : beginning at Field's Bridge on Lynch's 
River and running down said river a distance of thirteen miles, leaving said 
river back of Irby Truluck's plantation and crossing the Lynchburg and Lake 
City Road between the places now or formerly belonging to Bob Welsh and 
Dr. Miller a course S. 28° W. 3.25 miles striking a new road ; thence S. 80° W. 
2.75 miles to the Pudding Swamp Road at the land now or formerly T. L. 
Kirkpatrick's ; thence S. 65° W. crossing Racoon Road at the place now or 
formerly Sam Wilson's 5.75 miles to Scottsville; thence from Scottsville S. 
76.25° W. .75 of a mile to Black River; thence up Black River, in Sumter Coun- 
ty, 3.75 miles to Witherspoon Crossing; thence S. 80° W. to Scape O'er 
Swamp; thence up said swamp 2f miles to the C. S. & N. R. R. Crossing: 
thence N. 80° W. to a pine on the old dividing line between Lee and Sumter 
Counties on the west side of the public road leading from Oswego to DuBose's 
Cross Roads, and at a distance of .4 of a mile from the center of said public road : 
and running thence N. 16° 27' W. 1.74 miles to a point in the center of said 
public road leading from Oswego to DuBose's Cross Roads about opposite the 

67 



§ 14-81 Code of Laws of South Carolina § 14-81 

dwelling of Mrs. Martin ; thence along the center of said public road for a 
distance of 1.27 miles to DuBose's Cross Roads; thence N. 61° 10' W. along the 
center of the road leading to Herriott's Cross Roads, a distance of .3 of a mile ; 
thence S. 87° 35' W. a distance of 3.23 miles to the bridge at the main run of 
Open Branch on the road leading to Bradford's Springs; thence S. 63° 20' W. 
a distance of 1.11 miles to a point in field now or formerly Stanyarne Burrow's ; 
thence S. 43° 50' W. to the intersection with the line between Lee and Sumter 
Counties ; thence N. 62° 5.37 miles to a point in Bradley's field near the Kershaw 
County line; thence due north 1.87 miles to Kershaw County line; thence 
down said line 2.62 miles to Reynold's Mill ; thence following the Three Notch 
Road, in Kershaw County, a distance of 3 miles to Antioch school house ; thence 
N. 50° E. 1.25 miles; thence due north 1.75 miles to the Camden Road; thence 
following said road a distance of 4.75 miles to Harrison Hall Mill; thence in 
an eastern direction 1.87 miles to the old Georgetown Road; thence up said 
road to near the head of Turkey Creek ; thence in a northern line to the Camden 
Road leading from Kelly's Bridge on Lynch's River to Camden; thence down 
said road to the Holland Ditch ; thence up said ditch .75 of a mile to a corner 
of plantation now or formerly belonging to Edmond Tiller; thence 63° E. 
crossing the Mecklenburg Road near the house now or formerly occupied by 
Whitfield Gardner to Lynch's River south of the place now or formerly Dr. 
Norwood's 3.37 miles ; thence down said river a distanct of 3 miles near 
Kelly's Bridge, .25 of a mile south of said bridge ; thence N. 42° E. 3 miles to 
Ashland Methodist Church ; thence N. 22° E. crossing the Chesterfield road 
between the property now or formerly belonging to J. E. Woodham and the 
property now or formerly J. W. Gardner's 2.62 miles to Stuckey's gate on the 
old State road ; thence down said road .75 of a mile ; thence due south 2.62 
miles to Liberty Hill Church at the head of Sparrow Swamp ; thence down 
Sparrow Swamp to a point in the Marco Mill Pond, near the property now or 
formerly owned by B. A. Howls; thence in Cypress township S. 28° E. 1.5 
miles to Long Branch; thence up said branch .25 of a mile; thence S. 28° E. 
lj miles to Screeches Branch; thence due south 3 miles to the Lamar town- 
ship line; thence following said line to the beginning corner, and in addition 
the following territory transferred from Kershaw County by act of the 
General Assembly, approved March 7 1921, to wit: commencing at that point 
on the McCullum public road from Bishopville to Camden, west of Marshall's 
church, where the present boundary line between Lee and Kershaw Counties 
enters said road, thence a northern direction to the point where the land now 
or formerly owned by Joseph Radcliffe, D. L. Johnson and Richard Outlaw 
corner; thence in a northeasterly direction to Neil's Crossing on Thickhead 
Swamp ; thence in a northeasterly direction along the boundary line between 
land now or formerly owned by M. H. Pate and Wesley McCaskill to neighbor- 
hood road leading from the McCullum road by residence now or formerly 
occupied by Wesley McCaskill ; thence in a northerly direction along said 
road to the point where the land now or formerly owned by J. S. Tisdale 
corners with the land now or formerly belonging to the estate of Bullock ; 
thence in a northeasterly direction along the boundary line between said lands 

68 



§ 14-82 Counties § 14-82 

of estate of Bullock and land of J. S. Tisdale and between land now or formerly 
owned by J. J. Self and land now formerly owned by Wiley Hatfield to neigh- 
borhood road known as the Riley Hall road ; thence with the said road in a 
northeasterly direction to the intersection of the Lee County and Kershazv 
County boundary line ; thence with the Lee County line back to the beginning 
point, containing by survey 4.24 square miles. Less, however, that territory 
transferred to Kershazv County by act approved March 5 1925, to wit: all that 
small portion of Lee County containing 1017 acres, or 1.58 square miles, as 
shown by plat thereof on file in the office of the Secretary of State executed 
by H. W. Shaw and A. B. Boykin, surveyors, dated June 25 and 26 1924, that 
is to say, that body of land which lies between the lines heretofore dividing 
said two counties, and the line represented on said plat as beginning at Har- 
bord Branch where the line between the said two counties crosses said branch 
running thence S. 41° E. 3319 feet; thence 27° 30' E. 1025 feet; thence S. 79° 
W. 2530 feet; thence S. 1° W. 5147.09 feet; thence S. 8° 15' E. 3288 feet; 
thence S. 33° W. 8225 feet ; thence N. 78° 30' W. to the Three Notch Road, be 
and the same is hereby annexed to Kershaw County, and the lines heretofore 
dividing the said two counties are altered accordingly. 

1942 Code § 3006; 1932 Code § 3006; Civ. C. '22 § 698; Civ. C. '12 § 616; 1902 (23) 
1194; 1914 (28) 647; 1921 (32) 239; 1925 (34) 12. 

§ 14-82. Lexington County. 

Lexington County is bounded on the northeast and east by Richland County ; 
on the southeast by Orangeburg and Calhoun Counties, from which it is 
divided by Beaver Creek; on the southwest by Aiken County, from which it is 
separated by the north fork of the Edisto River to the mouth of the southern 
branch of Chinquepin Falls Creek and then by said creek to a point where it 
intersects the line drawn from Silver Bluff, on the Savannah River, to the 
mouth of Rocky Creek, on Saluda River ; on the northwest by Saluda Count}', 
from which it is separated by a line drawn from Silver Bluff, on Savannah 
River, to the mouth of Rocky Creek, on the Saluda River ; and by Newberry 
County, from which it is separated by a line beginning at a point in Broad 
River, on the Fairfield-Lexington County line, about .25 of a mile below Peak, 
and running thence S. 40° W. to a point on the west bank of Broad River; 
thence S. 40° W. 1956 feet to an oak ; thence S. 46° 40' W. 2410 feet to a stone 
on the public road ; thence S. 41° W. 1143 feet to a stake ; thence S. 32° 30' W. 
9568 feet to a stake on a branch ; thence down the run of the branch to a 
stake; thence S. 45° W. 575 feet to a stake; thence N. 86° 30' W. 3782 feet to 
a pine; thence S. 26° 30' W. 3650 feet to a stake; thence S. 53° 30' W. 4990 
feet to a point on the Columbia, Newberry and Laurens Railroad ; thence S. 
73° 30' W. 2613 feet to a maple in a branch; thence S. 68° 30' W. 2180 feet to 
a stake near a negro church ; thence N. 77° 30' W. 5577 feet to a stake just west 
of the public road, near Little Mountain; thence S. 28° W. 20850 feet to 
Camping Creek, near the mouth of Stevens Creek ; thence up the run of Camp- 
ing Creek to the old Newberry-Lexington County line ; thence southwesterly 
with the old Newberry-Lexington County line to Saluda County on Broad River. 
Less however, that territory transferred to Richland County by act approved 

69 



§ 14-83 Code of Laws of South Carolina § 14-85 

March 11 1922, to wit: all that certain piece of land containing 8900 acres, 
or 14 square miles, situate in the northeastern part of Lexington County on 
the Broad River, and being bounded and delineated as follows, to wit: begin- 
ning at a point on said Broad River, and running S. 41° W. 82.51 chains to a 
stake, thence turning and running S. 32.5° W. 160.65 chains to a stake, thence 
running along a creek which empties into Wateree Creek 42.24 chains to a 
stake, thence running to the point where said creek joins Wateree Creek 71.51 
chains, thence running along said Wateree Creek 94 chains, thence turning 
and running S. 23° E. 142.50 chains to a point in Slice Creek known as Rocky 
Ford, thence turning and running northerly along Slice Creek 164 chains, 
thence turning and running easterly along Wateree Creek 305.00 chains to the 
point of entrance of Wateree Creek and Broad River, thence turning and run- 
ning in a northwesterly direction along Broad River 410 chains, said piece of 
land being bounded on the west by Neivberry County, on the south and south- 
west by Lexington County, on the south by Richland County, and on the east 
and north by the Broad River, being more particularly known as the plat of 
said property, completed on November 25 1921, by W. A. Counts and J. C. 
Wessinger, surveyors, said plat being filed in the office of the Secretary of 
State. 

1942 Code § 3007; 1932 Code § 3007; Civ. C. '22 § 699; Civ. C. '12 § 617; Civ. C. '02 
§ 556; G. S. 125; R. S. 484; (5) 478, 506; (6) 463, 664; (7) 248; 1870 (14) 695; 1896 (22) 
249; 1901 (23) 662; 1912 (27) 821; 1913 (28) 107; 1920 (31) 976; 1922 (32) 977. 

§ 14-83. Marion County. 

Marion County is bounded as follows: on the north by Dillon County; on 

the west by the Great Pee Dee River ; thence down the Great Pee Dee River, 

which divides it from Florence, Williamsburg and Georgetown Counties, to the 

mouth of the Little Pee Dee River ; thence up the Little Pee Dee and Lumber 

Rivers, separating it on the east from Horry County, to the line of Dillon 

County on the Little Pee Dee River. 

1942 Code § 3008; 1932 Code § 3008; Civ. C. '22 § 700; Civ. C. '12 § 618; Civ. C. '02 
§557; G. S.426; R. S. 485; (4) 663; (7) 199, 261, 284; 1853 (12) 785, 835; 1888 (20) 168; 
1889 (20) 507, 517. 

§ 14-84. Marlboro County. 

Marlboro County is bounded as follows: on the west by the Great Pee Dee 

River, which separates it from the counties of Chesterfield, Darlington and 

Florence; and on the southeast by Dillon County, from which it is divided by 

a line drawn from a dead pine on the North Carolina line S. 22.5° W. 24.75 

miles until it intersects the Great Pee Dee River. 

1942 Code § 3009; 1932 Code § 3009; Civ. C. '22 § 701; Civ. C. '12 § 619; Civ. C. '02 
§ 558; G. S. 427; R. S. 486; (4) 662; (7) 199, 284. 

§ 14-85. McCormick County. 

McCormick County is bounded as follows : beginning at a point on the South 
Carolina-Georgia line in the Savannah River, opposite the mouth of Coffer 
Creek ; thence a straight line X. 45° E. 26728 feet to the fork of roads at Riley's ; 
thence the public road in an easterly direction to Island Bridge over Little 

70 



§ 14-85 Counties § 14-85 

River; thence continuing 6978 feet to the fork of road; thence turning to the 
east, following the right hand road to the south of Little River, known as 
White's Creek; thence a straight line S. 85° 30' E. 23800 feet to a point in the 
road near Clatworthy's Cross Roads; thence a straight line N. 78° 15' E. 15700 
feet to a point on the Greenzvood-Abbeville County line near Jordan's Mill ; 
thence the said Greenwood-Abbeville County line, in a southerly direction to 
its intersection with the C. & W. C. Railway, about one mile south of Troy; 
thence a straight line N. 58° E. 5000 feet to a stake, south of the incorporated 
limits of Troy; thence a straight line N. 46° E. 19659 feet to a stake on the 
Abbeville-Edgefield public road ; thence the said Abbeville-Edgefield public 
road in a southerly direction to a road opposite the place now formerly owned 
by Jabe Stone ; thence N. 44° 30' E. 7200 feet to a stake ; thence a straight line 
S. 83° E. 13361 feet to a stake near or at Callison's old mill on Cuffytown Creek ; 
thence up the run of said creek to the Callison-Kirksey township line; thence 
the said township line in an easterly direction to the Martintown road ; thence 
the said Martintown road in a southeasterly direction to the Greemvood-Edge- 
field County line; thence the said Greenwood-Edgefield County line in a wester- 
ly direction to a stake about one-quarter of a mile west of the old White 
place; thence a straight line S. 13° E. 10978 feet to a stake; thence a straight 
line S. 77° W. 3750 feet to a stake; thence a straight line S. 13° E. 8522 feet to 
a pine; thence a straight line S. 35° 45' E. 20400 feet to Cochran Bridge on 
Turkey Creek; thence a straight line S. 26° 30' E. 16800 feet to a point where 
a branch crosses a public road; thence a straight line S. 59° 10' W. 27908 feet 
to the run of Big Stevens Creek; thence down the run of Big Stevens Creek 
to a stake ; thence a straight line S. 50° W. 22828 feet to the South Carolina- 
Georgia State line in the Savannah River; thence the said South Carolina- 
Georgia State line in a northwesterly direction to the beginning point. The 
said county is hereby named McCormick, and the county seat thereof is hereby 
established in the town of McCormick, and in addition the following territory 
transferred from Edgefield County by act of the General Assembly, approved 
February 11 1921, to wit: beginning at a cottonwood tree on the west bank 
of Stevens Creek; thence the Edgefield and McCormick County line to the 
South Carolina and Georgia State line in the Savannah River; thence the 
South Carolina and Georgia State line in the Savannah River to old Furry's 
Ferry ; thence a straight line north twenty-four degrees east to a stake X3N on 
the west bank of Stevens Creek ; thence up the west bank of Stevens Creek to 
the beginning point, and less the following territory transferred to Edgefield 
County by act of the General Assembly, approved February 9 1921, to wit: 
beginning on the McCormick and Edgefield County line at Moultrie's Mill 
Bridge on Turkey Creek; thence down the run of Turkey Creek to its inter- 
section with Stevens Creek ; thence down the run of Stevens Creek to the 
Edgefield and McCormick County line ; thence the Edgefield and McCormick 
County line N. 59° 45' E. 27908 feet to a corner at the intersection of a public 
road with a branch of Beaver Creek ; thence the Edgefield and McCormick 
County line N. 26° 15' W. 16800 feet to the beginning point. 

1942 Code § 3010; 1932 Code § 3010; Civ. C. '22 § 702; 1916 (29) 717; 1921 (32) 6, 34. 

71 



§ 14-86 Code of Laws of South Carolina § 14-87 

§ 14-86. Newberry County. 

Newberry County is bounded as follows: on the northwest by Laurens Coun- 
ty from which it is separated by line beginning at Island Ford on Saluda River 
and running thence along the old road to O'Dell's Ford on Enoree River; 
on the north by a line commencing at O'Dell's Ford on Enoree River and run- 
ning thence down Enoree River to Anderson's Ford ; thence along the road 
to Hill's Ferry on Tiger River ; thence down the same to the mouth ; thence 
down Broad River to a point on the Fairfield-Lexington County line about one- 
fourth of a mile below Peak, and running thence S. 40° W. to a point on the 
west bank of Broad River; thence S. 40° W. 1956 feet to an oak; thence S. 
46° 40' W. 2410 feet to a stone in the public road ; thence S. 41° W. 1143 feet 
to a stake ; thence S. 32° 30' W. 95.68 feet to a stake on a branch ; thence 
down the run of the branch to a stake ; thence S. 55° W. 575 feet to a stake ; 
thence N. 86° 30' W. 3782 feet to a pine ; thence S. 26° 30' W. 3650 feet to a 
stake ; thence S. 50° 30' W. 4940 feet to a point on the Columbia, Newberry and 
Laurens Railroad; thence S. 73° 30' W. 2613 feet to a maple in a branch; 
thence S. 68° 30' W. 2180 feet to a stake near a negro church ; thence N. 77° 30' 
W. 5577 feet to a stake, just west of the public road near Little Mountain ; 
thence S. 28° W. 2850 feet to Camping Creek near the mouth of Stevens' Creek : 
thence up the run of Camping Creek to the old Newberry-Lexington County 
line ; thence with the old Lexington-N ezvberry County line to the Saluda 
River; and on the southwest by the Saluda River, which separates it from 
Saluda and Greenwood Counties. 

1942 Code § 3011; 1932 Code § 3011; Civ. C. '22 § 703; Civ. C. '12 § 620; Civ. C. '02 
§ 559; G. S. 428; R. S. 487; (4) 661; (7) 199, 248, 262, 284; 1901 (23) 662; 1920 (31) 976. 

§ 14-87. Oconee County. 

Oconee County is bounded as follows: on the north by the North Carolina 
line ; on the east by Pickens County from which it is separated by a line 
beginning in the middle of Seneca River, where Ravenel's Bridge is located 
over said river (Survey Station No. 1, being the center-width and length of 
said bridge) thence S. 78° 10' E. 17.60 chains to corner, S. 37.5° E. 6.48 chains 
to corner, S. 64° 20' E. 4.92 chains to corner, N. 75° E. 8.06 chains to corner, S. 
87° 35' E. 23.78 chains then the following courses and distances : S. 83° E. 
9.16 chains, S. 72° 10' E. 6.00 chains, S. 54.75° E. 6.08 chains, S. 38.75° E. 1.43 
chains, S. 31° E. 10.53 chains, to stone on east side of road near Agricultural 
Hall, thence S. 72° 50' E. 5.10 chains to corner, N. 85° 25' E. 20.17 chains to 
corner, N. 89° E. 15.13 chains to corner, N. 84° E. 9.13 chains, S. 76° E. 14.40 
chains, S. 61° E. 4.86 chains, S. 33.5° E. 11.86 chains, S. 50° 20' E. 34.96 
chains, S. 56.5° E. 21.15 chains, S. 62.25° E. 8.86 chains, S. 43.5° E. 11.44 
chains, S. 37° E. 18.45 chains, S. 64.25° E. 19.40 chains, to corner in center of 
top-soil highway on the Anderson County line. Said corner being N. 65.5° W. 
4.81 chains from the northwest corner of cement bridge over Eighteen Mile 
Creek. It is the intent of this section to establish the new top-soil highway 
as the boundary of Pickens and Oconee Counties. It is bounded on the south 
by Anderson County, from which it is separated by a line, commencing at the 
mouth of Cane Creek on Tugaloo River and running thence along the line 

72 



§ 14-88 Counties § 14-88 

which originally separated Anderson and Pickens districts to its point of in- 
tersection with the public road leading from Ravenel's Bridge to Pendleton 
Village ; on the west and northwest by the state of Georgia, from which it is 
separated by the Tugaloo and Chatooga Rivers. 

1942 Code § 3012; 1932 Code § 3012; Civ. C. '22 § 704; Civ. C. '12 § 621; Civ. C. '02 
§ 560; G. S. 429; R. S. 448; (1) 196; (6) 39, 289, 341; 1875 (15) 1014; 1917 (30) 164; 1923 
(33) 237; Const. Art. 2 § 3. 

§ 14-88. Orangeburg County. 

Orangeburg County is bounded as follows: on the north and northeast by 
Calhoun and Clarendon Counties from which it is separated by the Santee 
River and the line of Calhoun County; on the southwest by Berkeley and Col- 
leton Counties from which it is divided by a line drawn S. 52° W. from Nelson's 
Ferry, on the Santee River, to Matthews' Bluff, on the Savannah River ; on 
the southwest by Barnwell and Bamberg Counties from which it is separated 
by the South Edisto River ; on the northwest by Aiken and Lexington Counties 
from which it is divided by a direct line drawn from A. J. Weathersbee's old 
mill, on the line between Barnwell and Aiken Counties, to the point where the 
Cedar Pond Branch empties into the North Fork of the Edisto, and by another 
direct line, drawn from said point where the Cedar Pond Branch empties into 
the North Fork of the Edisto, to the head waters of the main branch of 
Beaver Creek ; thence down said creek to the line of Calhoun County ; thence 
along said line to the Santee River: provided, that the county lines of Berkeley 
County and of Orangeburg County are hereby so altered as to cut off from said 
Berkeley County and to transfer and annex to and incorporate within said 
Orangeburg County all of that certain territory or portion of Berkeley County 
embraced within the following lines and boundaries, to wit: beginning at a 
point located on Four Holes Swamp at the intersection of the boundary lines 
of Orangeburg, Dorchester and Berkeley Counties, and extending in a south- 
easterly direction, along Four Holes Swamp, the same being the boundary 
between Dorchester and Berkeley Counties to a large cypress which stands 
at the confluence of Four Holes and Dean Swamps at the upper part of Turkey 
Lake ; thence up and along the run of Dean Swamp as it meanders to a point 
where Dean Swamp and Black Creek unite; thence up Black Creek to the 
point where Big Black Creek and Little Black Creek unite; thence up Little 
Black Creek to the point where the "new road'' crosses said Little Black Creek ; 
thence northerly up the "new road" to the Monck's Corner public road, near 
the place now or formerly Mark Richardson's; thence north 10 chains to a 
pine ; thence N. 14° E. 38 chains to a stake ; thence S. 37° 15' E., 49 chains to a 
stake ; thence east 9.70 chains to a stake ; thence north 39.50 chains to a stake ; 
thence N. 87° E. 34 chains and 10 links; thence north 54.5 chains to a stake; 
thence N. 1° 30' W. 18 chains and 60 links to a stake; thence N. 30° W. 31 
chains to a stake; thence N. 8° W. 11 chains to a cypress at the river road 
and Rock Creek Bridge ; thence northeast along Rock Creek to where Rock 
Creek empties into the Santee River; thence up the Santee River to the mouth 
of Eutaw Creek where the Orangeburg and Berkeley lines connect; thence 

73 



§ 14-89 Code of Laws of South Carolina § 14-90 

southwest along the boundary line between Orangeburg and Berkeley Counties 

to the point of beginning. 

1942 Code § 3013; 1932 Code § 3013; Civ. C. '22 § 705; Civ. C. '12 § 622; Civ. C. '02 
§ 561; G. S. 430; R. S. 489; (5) 407; (7) 199, 261, 284; 1870 (14) 695. 

§ 14-89. Pickens County. 

Pickens County is bounded as follows: on the north by the North Carolina 

line ; on the east by Greenville County from which it is separated by the Saluda 

River ; on the south by Anderson County from which it is separated by a line 

beginning at the mouth of Cane Creek on the Tugaloo River and then running 

to a point where Eighteen Mile Creek is crossed by the road leading from 

Pendleton to Hagood's Store, and thence to the mouth of George's Creek, on 

the Saluda River; on the west by Oconee County by a line more particularly 

described in § 14-87 setting forth the boundary line between Oconee and 

Pickens Counties. 

1942 Code § 3014; 1932 Code § 3014; Civ. C. '22 § 706; Civ. C. '12 § 623; Civ. C. '02 
§ 562; G. S. 438; R. S. 497; 1868 (14) 134, 284; 1875 (15) 1014; 1917 (30) 164; 1923 (33) 
237. 

§ 14-90. Richland County. 

Richland County is bounded on the north by Fairfield County, from which 
it is separated by new boundary lines set forth and specifically described in 
the location and boundary of Fairfield County ; on the east by Kershaw County 
and Sumter County from which it is separated by the Wateree River ; on the 
south by Calhoun County ; on the west by Lexington County, from which it 
is separated by a line beginning on the Congaree River where the counties of 
Lexington and Richland meet on the southern division thereof, and running 
thence with the said Congaree River to where the confluence of the Broad 
and Saluda Rivers unite to form the Congaree, and following the thread of 
the said Saluda River about two and one-half miles to a pine tree marked X 3 
N. ; thence in a northwesterly direction upon the circumference of a circle 
having Lexington courthouse as its center, with a radius of eight miles and a 
deflection of 1° 21' for every one thousand feet, 31800 feet to a stake on the 
eastern boundary line of the town of Irmo ; thence along the said boundary 
line of the town of Irmo 1040 feet to the northeast corner of said town ; thence 
west along the northern boundary of said town of Irmo 2260 feet to a stake lo- 
cated thereon ; thence along the circumference of the circle first described 
11360 feet to a stake; thence N. 42° 30' W. 878 feet ; thence west 5000 feet to a 
stake ; thence S. 85° W. 5000 feet to stake ; thence S. 80° W. 5541 feet to stake ; 
thence N. 37° 28' W. 10618 feet to stake; thence S. 85° W. 750 feet to a pine; 
thence N. 34° 45' W. 10491 feet to a stake; thence N. 22° E. 914 feet to a stake ; 
thence N. 37° 5' W. 1313 feet to a stake; thence N. 13° 45' E. 2597 feet to a 
stake ; thence N. 56° 35' E. 3920 feet to a point on Rocky Ford on Wateree 
Creek ; thence north, northeast and east along the said Wateree Creek to 
where it empties into Broad River. To the above described area of Richland 
Count}' is to be added all that territory transferred from Lexington County by 
act approved March 11 1922, to wit: all that certain piece of land containing 

74 



§ 14-91 Counties § 14-92 

S900 acres, or 14 square miles, situate in the northeastern part of Lexington 

Count)' on the Broad River, and being bounded and delineated as follows, to 

wit: beginning at a point on said Broad River, and running S. 41° W. 82.51 

chains to a stake, thence turning and running S. 32.5° W. 160.65 chains to a 

stake, thence running along a creek which empties into Wateree Creek 42.24 

chains to a stake, thence running to the point where said creek joins Wateree 

Creek 71.51 chains, thence running along said Wateree Creek 94 chains, thence 

turning and running S. 23° E. 142.50 chains to a point in Slice Creek known 

as Rocky Ford, thence turning and running northerly along Slice Creek 164 

chains, thence turning and running easterly along Wateree Creek 305.00 chains 

to the point of entrance of Wateree Creek and Broad River, thence turning and 

running in a northwesterly direction along Broad River 410 chains, said 

piece of land being bounded on the west by Newberry County, on the south and 

southwest by Lexington County, on the south by Richland County, and on the 

east and north by the Broad River, being more particularly known as the 

plat of said property, completed on November 25 1921, by W. A. Counts and 

J. C. Wessinger, surveyors, said plat being filed in the office of the Secretary 

of State. 

1942 Code § 3015; 1932 Code § 3015; Civ. C. '22 § 707; Civ. C. '12 § 624; Civ. C. '02 
§ 563; G. S. 432; R. S. 491; (4) 662; (5) 219, 317; (7) 290; 1913 (28) 107, 117; 1922 (32) 
977. 

§ 14-91. Saluda County. 

Saluda County is bounded by a line beginning at the center of Big Saluda 
River at a point opposite the corner of Edgefield and Lexington Counties ; 
thence the old Edgefield and Lexington line to the corner of Lexington and 
Aiken Counties ; thence the old Edgefield and Aiken line to a point three miles 
north of where the public road crosses said line near Lybrand's old mill ; 
thence a straight line to ten-mile post on public highway leading from Edge- 
field to Columbia, near the present or former residence of J. W. L. Bartley ; 
thence a straight line to the junction of the public road leading from Pleasant 
Cross with the Long Cane road near the present or former residence of William 
Lott ; thence by the Long Cane road to Matt Mathis' crossroads ; thence a 
straight line to Owdom's Postoffice ; thence a straight line to Little Red Hill 
school house near Dr. Landrum's old place ; thence a straight line to a point 
on the northwestern line of Pine Grove township, one mile north of Double 
Bridges ; thence along the northwestern boundary of Pine Grove township to 
the point on the old Charleston and Cambridge road, where it crosses Halfway 
Swamp Creek ; thence down the middle of Halfway Swamp Creek to a point 
in the middle of Saluda River opposite the mouth of said creek ; thence down 
the middle of Big Saluda River to the initial point. 

1942 Code § 3016; 1932 Code § 3016; Civ. C. '22 § 708; Civ. C. '12 § 625; Civ. C. '02 
§ 564; 1896 (22) 249. 

§ 14-92. Spartanburg County. 

Spartanburg County is bounded as follows: on the north by the North 
Carolina line ; on the west by Greenville County from which it is divided by a 
line commencing on the North Carolina line at a stone marked "S. C." on the 

75 



§ 14-93 Code of Laws of South Carolina § 14-93 

east side of Blackstock's Road, near the Tryon Mountain, and running S. 2° E. 
22 miles and 64 chains or until it intersects the Enoree River at Abner's Mill on 
said river ; thence down the Enoree River to a point about one mile and three- 
quarters below Andersons Bridge (the corner of Greenville and Laurens Coun- 
ties) ; on the southwest by the Enoree River, down to a dead Spanish oak 
below Head's Ford, and a little above the mouth of a small creek which divides 
it from Laurens County ; on the southeast by Union County, from which it is 
divided by the following lines: beginning at the dead Spanish oak on the 
north side of Enoree River, and running N. 12° E. 3 miles and 26 chains ; thence 
N. 17° E. 2 miles and 28 chains; thence N. 6.5° E. 11 miles and 15 chains, 
crossing Tyger River to Fair Forest Creek; thence N. 33° 45' E. 6 miles and 
37 chains to Pacolet River, a little below Gists's Mill ; thence along the western 
boundary of Cherokee County to the North Carolina State line. 

1942 Code § 3017; 1932 Code § 3017; Civ. C. '22 § 709; Civ. C. '12 § 626; Civ. C. '02 
§ 56S; G. S. 433; R. S. 492; (4) 661; (7) 284; 1897 (22) 589. 

Cited in County of Greenville v. County 
of Spartanburg, 62 S. C. 10S, 40 S. E. 147 
(1899). 

§ 14-93. Sumter County. 

Sumter County is bounded as follows : on the north by Kershaw, Lee and 
Florence Counties ; on the east by Florence County ; on the south by Clarendon 
County, from which it is separated by the northwestern line of Clarendon 
County mentioned in § 14-64 defining boundaries of Clarendon County ; on 
the west by the Santee River, which separates it from Richland County; on 
the northwest by Kershaw County, from which it is separated by a line run- 
ning up Raglin's Gut to Big Swift Creek and in addition the following ter- 
ritory transferred from Clarendon County by act of the General Assembly, 
approved March 7 1921, to wit: commencing at a point on the Sumter County 
line and running due south 1.42 miles to an oak at the intersection of the 
public road leading from Paxville to Pinewood with the road leading from 
Paxville to Broadways siding; then S. 9° 30' E. 1.52 miles to the center of the 
Curtis Mill dam; then S. 1° 20' E. 2.36 miles to the intersection of the run 
of Hungary Hall Branch with the run of Des Champs Branch ; then following 
the run of Des Champs Branch to the intersection of said run with the public 
road leading from Panola to Calvary Church ; then S. 78° 2.93 miles to inter- 
section with the line of school district No. 1 ; then S. 2° 30' W. 2.49 miles to 
intersection with the boundary between Big Home, Hickory Hill and Elmwood 
plantation or to intersection with a projection of said boundary line ; then S. 
39° w. 4000 feet, then N. 47° W. 817 feet; then in a southwest direction to San- 
tee River ; then in a northwest direction up the Santee River to a point where the 
same intersects the Sumter County line, then eastwardly along the Sumter 
line to the beginning point. The metes and bounds and location and lines are 
more accurately set forth on plat bearing date July 16 1920, made by Theodore 
C. Hamby, William Weston and Lindley Arthur, filed in the office of the 
Secretary of State. The territory to be taken from Clarendon County to be 
added to and to be incorporated into Sumter County contains, by actual survey, 

76 



§ 14-94 Counties § 14-95 

93.50 square miles; less, however, that territory transferred to Clarendon 
County, by act, approved, March 11 1922, to wit: all that certain territory or 
portion of Sumter County embraced within the following lines and boundaries, 
to wit: beginning at a point on Santee River 72 feet northwest of the center 
of the Atlantic Coast Line Railroad running from Sumter to Orangeburg, run- 
ning N. 46° 50' E. for a distance of 9521 feet parallel to railroad ; thence N. 
41° 2' E. for a distance of 5658 feet to a point 72 feet west of center of railroad; 
thence N. 16° E. for a distance of 7257 feet, parallel to railroad ; thence N. 26° 
50' E. for a distance of 8650 feet to a point 72 feet northwest of railroad ; thence 
S. 87° E. for a distance of 6864 feet; thence N. 12° 30' E. for a distance of 8840 
feet ; thence N. 87° 30' E. for a distance of 5920 feet ; thence S. 15° 30' E. for a 
distance of 5430 feet ; thence S. 65° W. for a distance of 2370 feet ; thence S. 9° 
W. for a distance of 3432 feet; thence N. 85° E. for a distance of 13200 feet; 
thence S. 1° 20' E. for a distance of 10479 feet to the intersection of Hungary 
Hall Branch and Des Champs Branch : thence up the run of Des Champs 
Branch in a southwesterly direction to the public road ; thence S. 78° W. for 
a distance of 16390 feet; thence S. 2° 30' W. for a distance 13200 feet; thence 
S. 39° W. for a distance of 4000 feet ; thence N. 47° W. for a distance of 817 
feet; thence S. 42° W. for a distance of 2248 feet; thence S. 40° W. for a 
distance of 2280 feet; thence S. 37° 30' W. for a distance of 13268 feet to a 
point on Santee River; thence up Santee River to the beginning point 71 feet 
northwest of railroad. 

1942 Code § 3018; 1932 Code § 3018; Civ. C. '22 § 710: Civ. C. '12 § 627: Civ. C. '02 
§ 566; G. S. 434: R. S. 493; (7) 284; 1853 (12) 416; 1890 (20) 517; 1914 (28) 647; 1921 (32) 
283; 1922 (32) 987. 

§ 14-94. Union County. 

Union County is bounded as follows : on the north by the Pacolet River 
which separates it from Cherokee County ; on the east by Broad River which 
separates it from York, Chester and Fairfield Counties ; on the northwest by 
Spartanburg County from which it is divided by a line, beginning at the corner 
of Cherokee and Union Counties with Spartanburg county on the Pacolet River, 
and running thence S. 33.75° W. to the intersection of Fair Forest Creek; 
thence S. 6.5° W. across the Tyger River to Hackett's Creek ; thence S. 17° W. 
2 miles and 28 chains to the Cross Keys road ; thence S. 12° W. to a dead 
Spanish oak on the north bank of the Enoree River, a little above Nusgrove's 
Ford, opposite Gordon's Mill ; on the southwest by Laurens and Newberry 
Counties; from which it is divided by the Enoree River, down to Avery's 
Ford; thence by the road to Crenshaw's Ford, on the Tyger River: thence 
down said river to its junction with the Broad River, which forms its southeast 
boundary. 

1942 Code § 3019; 1932 Code § 3019; Civ. C. '22 § 711: Civ. C. '12 § 628; Civ. C. '02 
§ 567; G. S. 435; R. S. 404; (4) 662; (7) 284; 1897 (22) 588. 

§ 14-95. Williamsburg County. 

Williamsburg County is bounded as follows: on the southwest by Berkeley 
County from which it is separated by the Santee River; on the north and 

77 



§ 14-96 Code of Laws of South Carolina § 14-96 

northwest by Clarendon and Florence Counties ; on the east and southeast by 

Marion County from which it is separated by the Great Pee Dee River and 

by Georgetozvn County from which it is separated by a line commencing on 

the Great Pee Dee River, the dividing line between Williamsburg, Marion and 

Georgetown Counties, and running to the road leading from Brittorf's and 

Bradley's Ferry, on said Great Pee Dee River, to Leneud's Ferry, on Santee 

River, the said road being the boundary line on the southeast separating it 

from Georgetozvn County, less the following territory transferred to Florence 

County by act of the General Assembly, approved March 4 1921, to wit: 

beginning at a point in the road leading to Lee's Cross Road, where same 

crosses Lynche's Lake and running S. 12° 30' W. 1943 feet, thence S. 8° 10' 

W. 526 feet, thence S. 14° 30' E. 1119 feet, thence S. 25° 20' E. 730 feet, thence 

S. 72° 20' E. 43610 feet to a stake at the road leading from Indiantown to 

Kingstree, thence N. 26° E. 316 feet, thence along the Kingstree road N. 71° 

35' E. 10094 feet, thence 504 feet along said road to the intersection of Owens 

Swamp, thence 527 feet along said road, thence 806 feet along said road, thence 

N. E. 711 feet, thence N. E. 559 feet, thence E. 506 feet, thence S. E. 1225 feet 

to a point in the center of said road, thence N. E. 3380 feet along center of 

said road, thence 2315 feet to where it intersects Flannigan's Creek, thence 

along Muddy Creek to the intersection of Clark's Creek, thence along Clark's 

Creek to the intersection of Pee Dee River, thence along Pee Dee River to the 

mouth of Lynche's River, thence along Lynche's River to the mouth of 

Lynche's Lake, thence along Lynche's Lake to the beginning point, containing 

45.3 square miles according to map made by J. W. Coggshall and T. E. Wilson, 

civil engineers, April 18 1920, and filed in the Governor's office and in the office 

of the clerk of court of Florence County. For a more accurate description 

reference to said plat is hereby made. 

1942 Code § 3020; 1932 Code § 3020: Civ. C. '22 § 712: Civ. C. '12 § 629; Civ. C. '02 
§ 568; (4) 663; (S) 407; (7) 199, 261; 1888 (20) 168; 1889 (20) 507, 517; 1912 (27) 817; 
1914 (28) 612; 1921 (32) 212. 

§ 14-96. York County. 

York County is bounded as follows: on the north by the North Carolina 
line; on the west by the eastern line of Cherokee County, mentioned in § 14- 
61 ; on the south by Chester County from which it is divided by a line be- 
ginning at a hickory tree, on the southwest side of the Catawba River, and 
about 10 chains above the mouth of Ferrill's Creek, and running nearly S. 88° 
W., by an old line called and known by the name of the line of the new ac- 
quisition, to an ash and black gum on the bank of Broad River, on land now 
or formerly owned by Robert Elliott; on the east by the county of Lancaster 
and the North Carolina line ; less the following territory transferred to Cherokee 
County by act of the General Assembly, approved February 11 1921, to wit: 
beginning at a stake in a road in the State line on top of a mountain at Burned 
Grocery and running thence S. 43^° W. 224.00 chains to a large pine at the 
northeast end of Brown's Mountain ; thence with the Cherokee County line 
N. 2^° W. 152.00 chains to now or formerly B. O., E. A. Patterson's corner in 
the State line; thence S. 86° E. 165.00 chains with the State line to the begin- 

78 



§ 14-101 Counties § 14-102 

ning corner containing two square miles. The metes and bounds and location 

and lines are more accurately set forth on a plat bearing the name of A. P. 

Falls, surveyor, filed in the office of the Governor. 

1942 Code § 3021; 1932 Code § 3021; Civ. C. '22 § 713; Civ. C. '12 § 630: Civ. C. '02 
§ 569; G. S. 437; R. S. 496; (1) 132; (4) 662; (5) 318; (7) 284; 1873 (15) 425; 1921 (32) 
23. 



CHAPTER 3. 

Change of Boundaries. 

Sec. Sec. 

14-101. How county lines may be changed. 14-106. Prerequisites to election. 

1-1-102. Deposit to cover costs. 14-107. Report of relevant facts. 

14-103. When no voting place in area af- 14-108. Compensation of commissioners. 

fected. 14-109. Payment of costs by annexing coun- 

14-104. Appointment of commission for an- ty. 

nexation. 14-110. Subsequent election after defeat of 

14-105. Employment of surveyors to survey proposal. 

line. 

§ 14-101. How county lines may be changed. 

Whenever the citizens of any section of one county desire to be incorporated 

within the limits of an adjoining county one-third of the qualified electors 

residing in the area sought to be cut off shall sign and file a petition to the 

Governor to that effect, stating the area proposed to be cut off, from what 

county and to what county added and that the two counties as proposed to be 

changed would still meet all the constitutional requirements. Upon the filing 

of such petition the same procedure shall be had, except as hereinafter in this 

chapter provided, as in the formation of new counties as provided in chapter 

4 of this Title. 

1942 Code § 3038; 1932 Code § 3038; Civ. C. '22 § 730; Civ. C. '12 § 646; Civ. C. '02 
§ 580; 1899 (23) 77; 1920 (31) 729. 

Mandamus will not lie to compel an Alteration of county lines in prescribed 

election. — This section provides for the ex- manner is final. — Where, under this section, 

ercise of a discretionary power on the part county lines have been moved, they may not 

of the Governor, and mandamus will not be changed by further act of the General 

lie to compel him to order an election. Assembly. Clarendon County v. Sumter 

Brown v. Ansel, 82 S. C. 141, 63 S. E. County, 116 S. C. 258, 108 S. E. 103 (1921). 
449 (1909). 

§14-102. Deposit to cover costs. 

Whenever a petition is filed by citizens of any section or sections of any 
county or counties desiring to be incorporated within the limits of any adjoin- 
ing county, under the provisions of § 14-101, the petitioners shall deposit with 
the clerk of the court of any county from which such a section is proposed to 
be annexed an amount of money sufficient to cover the expenses of survey 
and plats, of the commission and of the election to be held to determine 
whether the proposed annexation shall be effected. In case the result be 
unfavorable to such annexation the deposit so required shall become a part 

79 



§ 14-103 Code of Laws of South Carolina § 14-106 

of the funds of the county or counties from which such annexation to another 
county was proposed. 

1942 Code § 3026; 1932 Code § 3026; Civ. C. '22 § 71S; Civ. C. '12 § 635; 1911 (27) 155. 

§ 14-103. When no voting place in area affected. 

When there is no established polling place or voting place in the area 
proposed to be cut off the petitioners shall name a voting place or places in 
their petition. In such case the Governor shall in his order of election desig- 
nate the place or places named in the petition as the voting place or places, and 
managers of election shall be appointed therefor, and all electors otherwise 
qualified shall be allowed to vote at such voting place named in such order 
as is most convenient as legally as if their registration certificates called for 
that place by name. 

1942 Code § 3038; 1932 Code § 3038; Civ. C. '22 § 730; Civ. C. '12 § 646; Civ. C. '02 
§ 580; 1899 (23) 77; 1920 (31) 729. 

§ 14-104. Appointment of commission for annexation. 

Whenever a petition according to law has been presented to the Governor 
for changing the boundary line or lines between two counties, whereby a por- 
tion of the territory of one county would be annexed to another, the Governor 
shall within thirty days thereafter appoint a commission of four discreet per- 
sons, two from the territory proposed to be annexed and two from the terri- 
tory of the county or counties of which such territory has theretofore been 
a part, two of whom, if such are to be found, shall be opponents and two ad- 
vocates of the proposed change of line. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 

Applied in Clarendon County v. Sumter 
County, 116 S. C. 258, 108 S. E. 103 (1921). 

§ 14-105. Employment of surveyors to survey line. 

Such commission may contract for the survey and location of the proposed 
change of line and for such purpose may employ three competent disinterested 
surveyors, nonresidents of the counties affected, two to be selected by the 
commission and the third by these two. Such surveyors shall clearly mark- 
such line upon the land with due regard to all legal provisions and limitations 
and certify plats of same. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 

§ 14-106. Prerequisites to election. 

Certified plats of such line shall be filed with the Secretary of State and 
the respective clerks of court of each county affected thereby, and a deposit 
of an amount of money sufficient to cover expenses of survey and plats and 
other necessary expenses, including advertising, shall be made with the 
treasurer of the county whose territory is proposed to be reduced by those pe- 
titioning for the change of line. No election upon the question shall be ordered 
by the Governor until all such provisions are complied with. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 

80 



§14-107 Counties §14-110 

§ 14-107. Report of relevant facts. 

The commission shall carefully investigate all facts relating to the area, 
population and assessed property values of the territory severed and that re- 
maining, the proximity of the line to any court house and the proper amount 
of indebtedness of the county losing area to be assessed to the county gaining 
the same and shall report in writing to the Governor upon all such and other 
relevant matters as the Governor may direct for his information. The com- 
mission shall also report to the Governor an itemized statement of the expense 
of such survey and plats. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 

§ 14-108. Compensation of commissioners. 

The commissioners so appointed by the Governor shall each be entitled 
as compensation for services to five dollars per day for not exceeding five 
days and necessary traveling expenses, to be voted and paid as expenses of 
survey. Upon filing of that report and certified plats as herein required the 
commissioners may draw their warrant upon the county treasurer with whom 
deposit has been made as herein required for payment of the expenses of 
survey. The warrant shall be payable only out of such deposit. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 

§ 14-109. Payment of costs by annexing county. 

If one portion of one county is annexed to another the county to which it 
is annexed shall levy a special tax upon all property in such annexed district 
to cover the cost of survey and transfer or so much thereof as the governing 
body of the county to which annexation or addition is made shall deem just 
and proper, and they may levy upon the property within the original lines 
of their county such tax as in their judgment shall seem just and fair to aug- 
ment the amount raised by taxation within the annexed district to reimburse 
and refund those who made the deposit, as provided in § 14-102, for the costs 
of annexation. No county which has been cut to add to the territory of another 
county shall be liable for any of the costs or expenses incurred in cutting the 
same. 

1942 Code § 3026; 1932 Code § 3026; Civ. C. '22 § 718; Civ. C. '12 § 635; 1911 (27) 155. 

§ 14-110. Subsequent election after defeat of proposal. 

Upon the defeat of any proposed change of the boundary line of a county 
at any election thereon no election upon the same or any modified change of 
such boundary line shall be held within four years thereafter. 

1942 Code § 3039; 1932 Code § 3039; Civ. C. '22 § 731; Civ. C. '12 § 647; 1911 (37) 43. 



[2 SC Code]— 6 81 



§ 14-151 Code of Laws of South Carolina § 14-152 

CHAPTER 4. 

Creation of New Counties and Consolidation of Counties. 

Sec. Sec. 

14-151. Certain shaped counties not to be 14-158. Commission to investigate and re- 
established, port facts. 

14-152. Petition for formation of new coun- 14-159. Election for new county, 

ties. 14-160. How election conducted. 

14-153. When no voting place in area af- 14-161. Canvassing election returns, 

fected. 14-162. Protests or contests. 

14-154. Deposit to cover costs. 14-163. General Assembly to create new 

14-155. Appointment of commission. county. 

14-156. Composition of commission. 14-164. Payment of costs by new county. 

14-157. Appointment and duties of survey- 14-165. Time between elections for new 
ors. counties. 

14-166. How two counties may consolidate. 

§ 14-151. Certain shaped counties not to be established. 

The General Assembly shall not establish any new county the greatest 
length of which shall be more than four times as long as the least central 
width thereof or which will leave the county or counties from which the ter- 
ritory is taken of a length more than four times as long as the least central 
width thereof. And the Governor shall not order an election upon a petition 
for the formation of a new county when the result of the establishment of a 
county pursuant to such election would be to create a new county or reduce 
an old county to such an area. 

The term "central width" shall be construed to mean any width not entirely 
within eight miles of one of the ends of the greatest length of the county. 

1942 Code § 3028; 1932 Code § 3028; Civ. C. '22 § 720; 1912 (27) 841. 

Cross reference. — For a discussion of the This section is constitutional. Massey v. 

constitutional limitations on the creation of Glenn, 106 S. C. 53, 90 S. E. 321 (1916). 
new counties, see S. C. Const., Art. 7, § 1, 
and the note thereto. 

§ 14-152. Petition for formation of new counties. 

Whenever two or more sections of an old county or counties desire to be 
incorporated into a new county there shall be filed with the Governor a peti- 
tion signed by one-third of the qualified electors residing within the area of 
each section of the old county or counties proposed to be cut off to form a 
new county, setting forth the boundaries of the proposed new county, the 
proposed name, the number of inhabitants, the area and the taxable property 
as shown by the last tax returns and that the proposed lines for the new 
county do not run nearer to any courthouse building then established than 
eight miles therefrom. 

1942 Code § 3025; 1932 Code § 3025; Civ. C. '22 § 717; Civ. C. '12 § 634; Civ. C. '02 
§ 574; 1896 (22) 64. 

Cross references. — As to other general the area of existing counties, see S. C. 

applications of S. C. Const., Art 7, §§ 1, 2, Const., Art. 7, § 4. 

see §§ 14-155, 14-159, 14-163. As to consti- Scope and meaning of words "old coun- 

tutional limitation on the power to reduce ty." — The fact that the words "old county," 

82 [2SCCode] 



§ 14-153 Counties § 14-155 

used in this section, appear to have been the same construction to similar words in 
given the meaning "any county existing S. C. Const., Art. 7, § 4. Robinson v. Me- 
at the time of the proposed formation of Cown, 104 S. C. 285, 88 S. E. 807, dis. op. of 
a new county," furnishes reason for giving Moore, Cir. J. (1916). 

§ 14-153. When no voting place in area affected. 

When there is no established polling place or voting place in a section pro- 
posed to be incorporated in a new county the petitioners shall name a voting 
place or places in their petition, and the Governor shall in his order of elec- 
tion designate such place or places as the voting place or places, and manag- 
ers of election shall be appointed therefor, and all electors otherwise qualified 
shall be allowed to vote at such voting place or places so named as may be 
most convenient, as legally as if their registration certificates called for that 
place by name. 

1942 Code § 3038; 1932 Code § 3038; Civ. C. '22 § 730; Civ. C. '12 § 646; Civ. C. '02 
§ 580; 1899 (23) 77; 1920 (31) 729. 

§14-154. Deposit to cover costs. 

Whenever a petition is filed for the formation of a new county the peti- 
tioners shall deposit with the clerk of court of any county affected thereby an 
amount of money sufficient to cover expenses of survey and plats, of the com- 
missioners and of the election to be held to determine whether the proposed 
new county shall be formed. In case the result of the election be unfavor- 
able to such formation, the deposit so required and designated shall become 
a part of the funds of the county or counties from which such new county 
was proposed to be formed or from which such annexation to another was 
proposed. 

1942 Code § 3026; 1932 Code § 3026; Civ. C. '22 § 71S; Civ. C. '12 § 635; 1911 (27) 155. 

§ 14-155. Appointment of commission. 

Whenever a petition is presented to and filed with the Governor for the 
creation of any new county he shall before ordering any election thereon refer 
the petition to a commission which he shall appoint, as provided in § 14-156, 
for investigation by the commission as to whether the requirements of the 
Constitution as to area, distance, wealth, population, etc., have been complied 
with. 

1942 Code § 3027; 1932 Code § 3027; Civ. C. '22 § 719; Civ. C. '12 § 636; 1905 (24) 915. 

Cross reference. — As to other general ap- State v. Ansel, 78 S. C. 331, 58 S. E. 933 

plications of S. C. Const., Art. 7, §§ 1, 2, (1907). 

see §§ 14-152, 14-159, 14-163. As inquiry as to constitutional require- 

Submission of petition to committee does ments is before Governor until election. — 

not determine question. — An appointment, Under this section the determination of 

under this section, of a committee to deter- whether constitutional requirements as to 

mine whether constitutional requirements the creation of new counties have been met 

have been complied with in the petition is before the Governor until such time as 

does not estop the Governor from later he orders an election for the new county, 

refusing to order an election on the grounds State v. Ansel, 78 S. C. 331, 58 S. E. 933 

that the proposed new county embraces the (1907). 

same territory as was embraced in a pro- Cited in Robinson v. McCown, 104 S. C. 

posed county voted on within four years. 285, 88 S. E. 807 (1916). 

83 



§ 14-156 Code of Laws of South Carolina § 14-158 

§ 14-156. Composition of commission. 

The commission shall consist of one person of discretion from each of the 
old counties, who is opposed to the new county, if there be any opposition, 
and an equal number of citizens who favor the formation of the new county 
to be taken from within the territory of the proposed new county. The rep- 
resentation of the proposed new county and the old county or counties from 
which the new county is proposed to be formed must be equal in number on 
the commission. 

1942 Code § 3029; 1932 Code § 3029; Civ. C. '22 § 721; Civ. C. '12 § 637; 1905 (24) 915. 

Scope and meaning of words "old county." 
—Robinson v. McCown, 104 S. C. 285. 88 
S. E. 807. dis. op. of Moore, Cir. J. (1916). 

§ 14-157. Appointment and duties of surveyors. 

Upon receiving- such petition and any annexed exhibits the commission 
shall appoint and contract with two competent surveyors, who shall not be 
residents of any county to be cut by the lines of the proposed new countv, 
and these two surveyors shall name and call in a third similarly qualified to 
settle any points of difference between them. These surveyors shall ascertain 
and settle all necessary questions as to area, both of the proposed new county 
and of the old counties after being- diminished by the new, and as to the dis- 
tances of the lines of the proposed new county from any existing courthouse. 
They shall also make a survey of the proposed new lines and plainly mark 
the same, so as to clearly define the population and wealth taken and left and 
so as to provide a guide as to who can vote by reason of residence, if the 
election be finally ordered. They shall make full return and report of their 
finding, with plots of their work, to the commission, who shall annex the 
same to the petition. The surveyors shall be paid by warrant of the commis- 
sion on the treasurer of each old county involved for the pro rata cost of the 
survey made within the territory of each and to this end the surveyors shall 
render an itemized bill of their work for each county to be cut by the new 
lines. 

1942 Code § 3030; 1932 Code § 3030; Civ. C. '22 § 722; Civ. C. '12 § 638; 1904 (24) 915. 

§ 14-158. Commission to investigate and report facts. 

The commission, after the return by the surveyors has been filed with them, 
shall thoroughly investigate as to the population and wealth proposed to be 
taken and lebt by the new county and to that end may send for persons, papers 
and books giving statistics and may administer oaths, take testimony and 
employ a stenographer, if deemed by them necessary. They shall make a 
full report to the Governor of their finding as to the wealth and population 
embraced within the limits of the proposed new county and as to the wealth 
and population to be left in each old county to be cut by the new and shall 
annex to the petition their report with proper exhibits and with any evidence 
on which the report is based. Forthwith upon the completion of their in- 

84 



§ 14-159 



Counties 



§ 14-160 



vestigation and report they shall return the petition and such finding and 

showing as is hereinbefore provided for to the Governor for his information. 

1942 Code § 3031; 1932 Code § 3031; Civ. C. '22 § 723; Civ. C. '12 § 639; 1905 (24) 915. 

Cited in Robinson v. McCown, 104 S. C. 
285, 88 S. E. 807, dis. op. of Moore, Cir. 
J. (1916). 

§ 14-159. Election for new county. 

Within twenty days after receipt of the report of the commission the Gov- 
ernor shall order an election in the territory proposed to be cut off for the 
new county to be held within sixty days from the date of the order. At such 
election the electors shall vote "yes" or "no" upon the question of creating 
and upon the name and county seat of such proposed new county. 

1942 Code § 3032; 1932 Code § 3032; Civ. C. '22 § 724; Civ. C. '12 § 640; Civ. C. '02 
§ 575; 1896 (22) 64. 



Cross reference. — As to other general ap- 
plications of S. C. Const., Art. 7, §§ 1, 2, 
see §§ 14-152, 14-155, 14-163. 

This section is directory, and is for the 
purpose of insuring a reasonably early elec- 
tion after the making of the Governor's 
order. Robinson v. McCown, 104 S. C. 
285, 88 S. E. 807 (1916). 

Election after sixty-day period is valid. — 
This section does not prohibit the Governor 
from calling an election after sixty days 



have elapsed where a prior election had 
been held and subsequently declared null 
and void. Robinson v. McCown, 104 S. C. 
285, 88 S. E. 807 (1916). 

Governor's discretion is not reviewable 
by certiorari. — Under this section certiorari 
will not lie to annul a county boundary 
election for an unwise exercise of the Gov- 
ernor's discretion as to notice of such elec- 
tion. Wyse v. Wolfe, 129 S. C. 499, 123 
S. E. 818 (1924). 



§ 14-160. How election conducted. 

For the purpose of such election the commissioners of election for each 

old county proposed to be cut shall appoint three managers for each voting 

place in the area of the old county proposed to be cut off, not more than two 

of whom shall be in favor of the proposed new county or against it, and shall 

deliver to them the books of registration for those voting places which the 

registration officers shall turn over to the commissioners on demand. Such 

election shall be conducted in the same manner as general elections in this 

State and all persons entitled to vote under the Constitution and laws of this 

State at general elections shall be entitled to vote at such election. 

1942 Code § 3033; 1932 Code § 3033; Civ. C. '22 § 725; Civ. C. '12 § 641; Civ. C. '02 
§ 576; 1896 (22) 64. 



Cross reference. — As to qualifications of 
electors, see S. C. Const., Art. 2, § 3. 

Injunction does not lie to protect right 
to vote. — Where enforcement of the pro- 
visions of this section as to voting places 
denies certain persons their constitutional 
right to vote on the question of county 
division, equity will not enjoin the election, 
since an adequate remedy at law by a writ 
of certiorari to test the validity of the 
election, exists. Parler v. Fogle, 78 S. C. 
570, 59 S. E. 707 (1907). See also, State 
v. Board of Canvassers, 79 S. C. 414, 60 
S. E. 967 (1907). 



Scope and meaning of .words "old 
county." — Robinson v. McCown, 104 S. C. 
285, 88 S. E. 807 dis. op. of Moore, Cir. 
J. (1916). 

Technical irregularities will not vitiate 
election. — The machinery for the conduct 
of elections hereunder is directory, and 
mere technical irregularities which do not 
affect the result are not grounds for declar- 
ing the election void. State v. Board of 
Canvassers, 79 S. C. 414, 60 S. E. 967 (1907). 

The requirement in this section that "such 
election shall be conducted in the same 
manner as general elections in this State" 



85 



§ 14-161 



Code of Laws of South Carolina 



§ 14-163 



might fairly be construed as relating solely 
to the manner of conducting elections as 
provided in §§ 23-342 and 23-346. Segars 
v. Parrott, 54 S. C. 1, 31 S. E. 677, 865 
(1898). 

Decision as to existence of required vote 
is not subject to review. — This section and 
§ 14-161 contain the only method prescribed 
by law whereby the existence or non-ex- 



istence of the two-thirds vote necessary 
under § 14-163 and S. C. Const., Art. 7, § 2 
to create new counties may be determined, 
and a decision rendered in accordance with 
these provisions may not be reviewed as 
to fact by the General Assembly under § 
14-163. Segars v. Parrott, 54 S. C. 1, 31 
S. E. 677, 865 (1S98): Fraser v. James, 
65 S. C. 78, 43 S. E. 292 (1902). 



§ 14-161. Canvassing election returns. 

The commissioners of election for each old county proposed to be cut 

shall canvass the returns of the managers of each precinct in their county at 

which such election has been held, as such returns in general elections in 

this State are canvassed, and shall certify the result thereof in a tabulated 

statement of the vote at each precinct to the Secretary of State who shall 

transmit a tabulated statement of the vote at each precinct of an old county 

proposed to be cut off to both branches of the General Assembly at its next 

session. 

1942 Code § 3034; 1932 Code § 3034; Civ. C. '22 § 726; Civ. C. '12 § 642; Civ. C. '02 
§ 577; 1899 (23) 77. 



Cross reference. — See § 14-160 and the 
note thereto. 

Result binding on legislature. — This sec- 
tion makes it the duty of commissioners 
of election to canvass the returns of an 
election held to determine the question of 
the creation of a new county and their con- 



clusion is binding on the legislature as well 
as others. Fraser v. James, 65 S. C. 78, 43 
S. E. 292 (1902). 

Cited in Robinson v. McCown, 104 S.C. 
285, 88 S. E. 807 dis. op. of Moore, Cir. J. 
(1916). 



§ 14-162. Protests or contests. 

The commissioners of election, respectively, shall, as judicial officers, de- 
cide all cases of protest or contest that may arise, subject to appeal to the 
Board of State Canvassers. The decision of the commissioners of election 
shall be final and conclusive evidence of the result of the election, unless ap- 
pealed from within five days, in which case a decision of the Board of State 
Canvassers shall be final and conclusive evidence of the election on all ques- 
tions of fact. 

1942 Code § 3034; 1932 Code § 3034; Civ. C. '22 § 726; Civ. C. '12 § 642; Civ. C. '02 
§ 577; 1899 (23) 77. 



Decision of Board not conclusive as to 
questions of law. — This section does not 

make the decision of the State Board of 
Canvassers on disputed elections final as 
to questions of law. Parler v. Fogle, 78 S. 
C. 570, 59 S. E. 707 (1907). 

But decision bars further inquiry into 



question of fact. — In view of this section 
no question of fact in regard to an elec- 
tion for new counties may be raised 
which is contrary to the decision of the 
Board of State Canvassers on appeal. State 
v. Board of Canvassers, 79 S. C. 414, 60 
S. E. 967 (1907). 



§ 14-163. General Assembly to create new county. 

The General Assembly at its next session shall create the new county if 
two-thirds of the qualified electors voting at such election shall vote in favor 
of the establishment of such new county and if all the constitutional require- 

86 



§ 14-164 



Counties 



§ 14-165 



ments for the formation of new counties have been complied with, of all of 

which the General Assembly must judge. 

1942 Code § 3035; 1932 Code § 3035; Civ. C. '22 § 727; Civ. C. '12 § 643; Civ. C. '02 
§ 578; 1899 (23) 77. 



Cross reference. — As to other general 
applications of S. C. Const., Art. 7, §§ 1. 
2. see §§ 14-152, 14-155, 14-159. 

Constitutionality. — This section, to be 
constitutional, must be interpreted as leav- 
ing power in the General Assembly only to 
determine whether the result of the elec- 
tion has been ascertained in the manner 
prescribed by law. Segars v. Parrott, 54 
S. C. 1, 31 S. E. 677, 865 (1898). 

General Assembly is only empowered to 
effectuate result of election. — This section 
does not empower the General Assembly to 
approve a resurvey made by certain individ- 
uals altering a county line legally deter- 
mined and approved under the sections of 
the Code providing for the formation of 
new counties so as to leave the resurveyed 
portion in the county from which it was 



taken by the election. Clarendon County 
v. Sumter County, 116 S. C. 258, 108 S. E. 
103 (1921). 

Determination by legislature of consti- 
tutional requirements is not subject to re- 
view. — Under this section the determination 
by the legislature of the existence of the 
constitutional requirements for the forma- 
tion of new counties may not be assailed 
in any court by evidence aliunde. Fraser 
v. James, 65 S. C. 78, 43 S. E. 292 (1902). 

General acts of legislature are applica- 
ble to entire new county. — Under this sec- 
tion general acts affecting the whole State, 
if applicable to section of old county cut off, 
are applicable to entire new countv. Amer- 
ker v. Taylor, 81 S. C. 163, 62 S. E. 7 
(1908). 



§ 14-164. Payment of costs by new county. 

In case such new county is formed the county so newly created shall pay 
all the costs and expenses of its creation, and in no wise shall any county 
which has been cut for the formation of a new county be liable for any of 
the cost or expenses incurred in cutting the same or in the formation thereof. 
The auditor of the newly created county, after such county has been organ- 
ized and its officers elected, shall levy a tax upon all the taxable property in his 
county sufficient to cover the costs and expenses of its creation. 

1942 Code § 3026; 1932 Code § 3026; Civ. C. '22 § 718; Civ. C. '12 § 635; 1911 (27) 155^ 



Cross reference. — As to right of counties 
to sue and be sued, see § 14-1 and the note 
thereto. 

County is liable for money borrowed for 
creation purposes. — Where a special organ- 
ization commission, formed for the purpose 
of creating a new county, is vested with 
ample authority to borrow money needed 
to form the new county, then under this 
section an action for the recovery of such 
money borrowed by the commission may 
be maintained against the newly formed 



county. Bank of McCormick v. McCormick 
County, 114 S. C. 469, 103 S. E. 787 (1919). 
And approval of county board after crea- 
tion is consummated unnecessary. — Action 
against a county for the recovery of money 
borrowed to pay expenses of the formation 
of such county is maintainable even though 
the claim is not audited and approved by 
the county board of the new county after 
its creation. Bank of McCormick v. Mc- 
Cormick County, 114 S. C. 469, 103 S. E. 
787 (1919). 



§ 14-165. Time between elections for new counties. 

No election shall be ordered for the creation or establishment of any new 
county which shall embrace one-half or more of the area of any proposed new 
county in which an election for its creation was defeated within four years 
preceding the date of the filing of the petition for such new county. 

1942 Code § 3036; 1932 Code § 3036; Civ. C. '22 § 728; Civ. C. '12 § 644; 190S (25) 1080. 

"Defeated" contemplates elections set 285, 88 S. E. 807, dis. op. of Gary, C. J. 
aside.— Robinson v. McCown, 104 S. C. (1916). 

87 



§ 14-166 Code of Laws of South Carolina § 14-202 

§ 14-166. How two counties may consolidate. 

Whenever the citizens of two or more counties desire to consolidate them 

into one they shall file a petition with the Governor to that effect, signed by 

one-third of the qualified electors residing in the counties, and upon the filing 

of such petition the same proceedings shall be had as in the formation of 

new counties provided for in this chapter. At the election ordered upon such 

petition the electors shall vote for or against consolidation, the name of the 

new county and the location of the county seat. 

1942 Code § 3040; 1932 Code § 3040; Civ. C. '22 § 732; Civ. C. '12 § 648; Civ. C. '02 
§ 581. 



CHAPTER 5. 

County Boards of Commissioners. 

Sec. Sec. 

14-201. How composed. 14-207. Annual meeting; notice to file 

14-202. Bond of commissioners. claims. 

14-203. Board may elect a clerk. 14-208. Comptroller to prescribe forms and 

14-204. Assistant clerk in Richland County. systems of bookkeeping. 

14-205. Commissioners not to be interested 14-209. Annual report to presiding judge. 

in contracts with counties. 14-210. Annual report to Comptroller Gen- 
14-206. Boards may administer oaths and eral. 

punish for contempt. 

§ 14-201. How composed. 

Except as otherwise provided in this Title, there shall be in each of the 
counties of this State a county board of commissioners which shall be com- 
posed of the county supervisor, who shall be elected and hold office as provided 
by law, and two commissioners, who shall be appointed by the Governor upon 
the recommendation of the members of the General Assembly from the several 
counties, or a majority of them, and whose term of office shall be coterminal 
with that of the supervisor with whom they are appointed to serve and until 
their successors shall be appointed and qualified. The said commissioners shall 
be commissioned by the Secretary of State as other county officers, but without 
charge for their commissions. 

1942 Code § 3821; 1932 Code § 3821; Civ. C. '22 § 1061; Civ. C. '12 § 938; Civ. C. '02 
§ 756; 1899 (23) 2, 113; 1900 (23) 279: 1901 (23) 664, 666; 1903 (23) 27; 1905 (24) 769, 
970; 1907 (25) 643, 644; 1908 (25) 1048, 1049, 1176, 1181, 1184, 1191, 1203; 1909 (26) 52. 55, 
74, 129; 1915 (29) 515; 1916 (29) 717; 1917 (30) 238, 246; 1919 (31) 5, 82; 1920 (31) 834; 
1921 (32) 1, 85. 102, 109, 297: 1922 (32) 1015, 1514; 1928 (35) 1190; 1935 (39) 22; 1938 
(40) 1577, 1749; 1941 (42) 253. 

Applied in State v. Major, 94 S. C. 472, 
78 S. E. 896 (1913). 

§ 14-202. Bond of commissioners. 

The county commissioners, except as otherwise provided in this Title, shall 
each give bond in the sum of one thousand dollars. 

1942 Code § 3822; 1932 Code § 3822; Civ. C. '22 § 1062; Civ. C. '12 § 942; Civ. C. '02 

88 



§ 14-203 Counties § 14-207 

§ 762; 1901 (23) 666, 667; 1911 (27) 137; 1913 (28) 22; 1923 (33) 35; 1931 (37) 52; 1933 
(38) 157; 1934 (38) 1227. • 

Cross references. — See § 14-1318 for bond § 14-2716 for Lexington County; § 14-2804 
in Cherokee County; § 14-1417 for Chester- for Marion County. 
field County; § 14-1554 for Colleton County; 

§ 14-203. Board may elect a clerk. 

The board in each of the counties of the State may elect a clerk who shall 
perform the duties of secretary and be paid an annual salary as provided 
by law and whose term of office shall be coterminal with that of the mem- 
bers of the board electing him. 

1942 Code § 3823; 1932 Code § 3823; Civ. C. '22 § 1063; 1914 (29) 449. 

Cross references. — As to authority to is- suing certificates of indebtedness or draw- 
sue certificates of indebtedness, see § 14-501. ing certain checks, see § 1-761. 
As to prohibition against State officers is- 

§ 14-204. Assistant clerk in Richland County. 

The governing body of Richland County may appoint a suitable person 
as assistant to the secretary or clerk so that, in case of death, absence or re- 
moval of the secretary-clerk, the assistant to the secretary or clerk may draw 
the orders on the county treasurer as herein provided. 

1942 Code § 3874; 1932 Code § 3874; Civ. C. '22 § 1115; Civ. C. '12 § 994; Civ. C. '02 
§ 809; G. S. 626; R. S. 694; 1878 (16) 364; 1939 (41) 553; 1940 (41) 1790, 1791. 

§ 14-205. Commissioners not to be interested in contracts with counties. 

No member of a board of county commissioners shall be directly or indi- 
rectly interested in any contract pertaining to his duty as commissioner. 

1942 Code § 5847; 1932 Code § 5847; Civ. C. '22 § 2939; Civ. C. '12 § 1963; 1902 (23) 
1015. 

§ 14-206. Boards may administer oaths and punish for contempt. 

The members of the county board of commissioners may administer oaths 
to all persons appearing before them and punish by fine not exceeding ten 
dollars or imprisonment in the county jail not exceeding twenty hours any and 
all persons guilty of disorderly conduct amounting to an open or direct con- 
tempt or wilful interruption of their proceedings. 

1942 Code § 3829; 1932 Code § 3829; Civ. C. '22 § 1073; Civ. C. '12 § 954; Civ. C. '02 
§ 771; R. S. 661; 1893 (21) 486. 

§ 14-207. Annual meeting; notice to file claims. 

The annual meeting of the county board of commissioners of each county 
shall be on the first Thursday after the first Monday of January, and the clerk 
of the board shall give notice of the time of holding such annual meeting by 
inserting the same at least once a week for four weeks previous to such meet- 
ing in any newspaper published in the county, and if there be no newspaper 
published in the county by posting such notice on the court house door. The 
notice shall require all persons holding demands of any kind against the 
county, not previously presented to the board, to file the same with the clerk 

89 



§ 14-208 Code of Laws of South Carolina § 14-210 

on or before the first day of January so that they may be examined and ordered 

to be paid at the annual meeting. All persons holding such accounts or 

claims, not paid, shall deposit them with the clerk of the board as required 

in the notice. 

1942 Code § 3869; 1932 Code § 3869, 4777: Civ. C. '22 § 1110; Civ. C. '12 § 989; Civ. C. 
'02 §804; G. S. 621; R. S. 689; 1875 (IS) 993; 1878 (16) 459; 1890 (20) 710; 1927 (35) 
252; 1933 (38) 438, 449; 1935 (39) 416; 1936 (39) 1339, 1376, 1395, 1419. 1432, 1442, 1594; 
1937 (40) 67, 71, 212, 391, 552; 1938 (40) 1538, 1539, 1561, 1602; 1941 (42) 57; Const. Art. 
10 §10. 

§ 14-208. Comptroller to prescribe forms and systems of bookkeeping. 

The county commissioners shall keep an account of claims audited and 

allowed by them against the several funds appropriated by county purposes 

in accordance with a form to be prescribed by the Comptroller General, and 

they shall conform to any system of bookkeeping that may be prescribed for 

use in their office by the Comptroller General. 

1942 Code 5 3876; 1932 Code § 3876; Civ. C. '22 § 1117; Civ. C. '12 § 996; Civ. C. '02 
§ 811; R. S. 96: 1886 (19) 656. 

§ 14-209. Annual report to presiding judge. 

The county board of commissioners shall submit to the presiding judge 
on the first day of the first term of the court of general sessions in each year, 
to be by him submitted to the grand jury of the county with an itemized state- 
ment of all amounts ordered to be paid by them for the preceding fiscal year, 
a report of the condition of the highways and bridges and the poor farm and 
other matters concerning the welfare of the county. 

1942 Code § 3824; 1932 Code § 3824; Civ. C. '22'§ 1064; Civ. C. '12 § 947; Civ. C. '02 
§ 768; 1896 (22) 246. 

§ 14-210. Annual report to Comptroller General. 

The commissioners of each county shall on or before the fifth day of Jan- 
uary in each year report to the Comptroller General a detailed account of all 
their doings in such form as the Comptroller General shall direct or prepare 
and forward to them for such purpose. Such reports shall be incorporated 
in the annual report of the Comptroller General and laid before the General 
Assembly. 

1942 Code § 2132; 1932 Code § 2134; Civ. C. '22 § 95; Civ. C. '12 § 90; Civ. C. '02 § 86; 
G. S. 58; R. S. 80; 1886 (22) 206. 



CHAPTER 6. 

County Supervisors. 

Sec. Sec. 

14-251. Election and term. 14-255. Seal of supervisor. 

14-252. Bond. 14-256. Record; expense thereof; inspection. 

14-253. Approval of bond. 14-257. Salaries paid quarterly. 

14-254. General jurisdiction; administering 14-25S. Suits for defaults by supervisor. 



oaths. 



90 



§ 14-251 Counties § 14-254 

§14-251. Election and term. 

Except as otherwise provided in this Title there shall be in each of the 
counties of this State a county supervisor who shall be elected by the qualified 
electors of the respective counties and whose term of office, except as other- 
wise provided, shall be for four years and until his successor shall have been 
elected and qualified. 

1942 Code § 3818; 1932 Code § 3818; Civ. C. '22 § 1058; Civ. C. '12 § 935; Civ. C. '02 
§ 753; R. S. 643; 1893 (21) 482; 1899 (23) 1; 1908 (25) 1186, 1350, 1912; 1909 (26) 124, 
180; 1910 (26) 685, 687, 699, 700; 1911 (27) 62; 1913 (28) 121, 146; 1915 (29) 420, 515; 
1916 (29) 793, 798, 859; 1918 (30) 836: 1921 (32) 60, 102; 1922 (32) 964; 1924 (33) 1075; 
1925 (34) 122; 1934 (38) 1552; 1937 (40) 37; 1940 (41) 1659; 1941 (42) 253. 

Applied in State v. Major, 94 S. C. 472, 
78 S. E. 896 (1913). 

§ 14-252. Bond. 

The county supervisor so elected shall, before entering upon the duties of 
his office, execute a bond for the use of the county, with three or more suffi- 
cient sureties, for the faithful performance of his duties, which, except as 
otherwise provided, shall be in the penal sum of five thousand dollars. 

1942 Code § 3820; 1932 Code § 3820; Civ. C. '22 § 1060; Civ. C. '12 § 936: Civ. C. '02 
§ 754: R. S. 644; 1893 (21) 482; 1899 (23) 666; 1905 (24) 902; 1908 (25) 1177; 1910 (26) 
686; 1919 (31) 281; 1921 (32) 61, 65; 1931 (32) 151. 

Cross references. — For bond of super- for Fairfield County; § 14-2163 for Green- 
visor of Anderson County, see §14-888: ville County; §14-3008 for Oconee County. 
§14-1555 for Colleton County; §14-1901 

§ 14-253. Approval of bond. 

Such bond shall be approved in the same manner as bonds of county auditors 

and county treasurers. 

1942 Code § 3820; 1932 Code § 3820; Civ. C. '22 § 1060; Civ. C. '12 § 936; Civ. C. '02 
§754; R. S. 644; 1893 (21) 482; 1901 (23) 666; 1905 (24) 902; 1908 (25) 1177; 1910 (26) 
686; 1919 (31) 281; 1921 (32) 61, 65; 1931 (32) 151. 

§ 14-254. General jurisdiction; administering oaths. 

The county supervisor shall have general jurisdiction in his county (a) over 
all public highways, roads, bridges and ferries, (b) over paupers, (c) in all 
matters relating to taxes and disbursements of public funds for county pur- 
poses and (d) in any other case that may be necessary for the internal im- 
provement and local concerns of his county. He may administer oaths to 
any person in reference to matters appertaining to his office. 

1942 Code § 3819; 1932 Code § 3819; Civ. C. '22 § 1059; Civ. C. '12 § 937; Civ. C. '02 
§ 755; R. S. 645; 1893 (21) 482; 1901 (23) 666; 1913 (28) 18; 1917 (30) 234; 1919 (31) 
201; 1920 (31) 757. 

This section does not grant power to the court held that the county supervisor 

county supervisor to levy taxes. Clary v. and board of county commissioners did not 

Harvey, 176 S. C. 512, ISO S. E. 673 (1935). have the power to compel the county auditor 

Nor power to county supervisor and to levy a tax. Clary v. Harvey, 176 S. C. 

board of commissioners to compel county 512, 180 S. E. 763 (1935). 

auditor to levy a tax. — Where the legisla- Cited in McKerall v. Road & Highway 

ture adjourned without passing a supply bill Comm. of Marion County, 91 S. C. 450, 

for Cherokee County, leaving the county 74 S. E. 981 (1912). 
without means of carrying on its functions, 

91 



§ 14-255 Code of Laws of South Carolina § 14-258 

§ 14-255. Seal of supervisor. 

The county supervisor shall procure and adopt a seal and, when so adopted, 

shall cause a description thereof, with an impression therefrom, to be filed 

in the office of the clerk of court and of the sheriff, treasurer and Secretary 

of State, and the same shall thereupon be the seal of the supervisor, and all 

orders or other papers signed by such supervisor shall be authenticated by 

the official seal. 

1942 Code § 3857; 1932 Code §§ 3857, 3858; Civ. C. '22 § 1099; Civ. C. '12 § 978; Civ. C. 
'02 § 793; R. S. 675; 1896 (21) 242; 1931 (37) 53. 

§ 14-256. Record ; expense thereof ; inspection. 

The county supervisor shall cause a record to be kept of all the proceeding's 

of the board of which he is herein made chairman, as well as a record of all 

contracts entered into with such boards, as provided in this Title. Such 

records shall be open to public inspection. All necessary books and materials 

for keeping the same shall be paid for out of the funds herein provided for the 

respective boards in the same manner as other charges are paid. 

1942 Code § 3867; 1932 Code § 3867; Civ. C. '22 § 1108; Civ. C. '12 § 987; Civ. C. '02 
§ 802; R. S. 684; 1893 (21) 489. 

§ 14-257. Salaries paid quarterly. 

The salaries of the supervisors in the several counties shall be paid quarterly 

by the county treasurer out of the county funds in the same manner as other 

claims against the county are paid. 

1942 Code § 3866; 1932 Code § 3866; Civ. C. '22 § 1107; Civ. C. '12 § 986; Civ. C. '02 
§ 801; R. S. 683; 1893 (21) 489; 1911 (27) 65. 

§ 14-258. Suits for defaults by supervisor. 

In case of the failure of the county supervisor to perform faithfully the 

duties of his office or the conditions of his bond the solicitor of the circuit 

in which such supervisor shall reside shall bring an action upon the bond 

of the supervisor in the name of the county. Any amount realized from such 

suit shall be deposited in the treasury to the credit of the road fund. The 

solicitor shall receive therefor such fees as the court shall designate. 

1942 Code § 3865; 1932 Code § 3865; Civ. C. '22 § 1106; Civ. C. '12 § 985; Civ. C. '02 
§ 800; R. S. 682; 1893 (21) 489. 

It is not mandatory to bring the action the State. State v. Fidelity & Deposit Co.. 
in the name of the county. There is no 114 S. C. 511, 104 S. E. 182 (1919). 
legal objection to bring it in the name of 



92 



§ 14-301 



Counties 



§ 14-302 



CHAPTER 7. 
County Officers Generally. 



Sec. Sec. 

14-301. Time of commencement of terms 14-318. 
of county officers. 

14-302. How vacancies in county offices 14-319. 
filled. 

14-303. When recommendation of legisla- 14-320. 
tive delegation becomes appoint- 
ment. 

14-304. How county officer removed; filling 14-320. 
vacancy. 

14-305. Holding of two offices defined for 14-321. 
Colleton and Georgetown Coun- 
ties. 

14-306. Demonstration agents for each 14-322. 
county. 

14-307. Records of moneys received or due 

as pay for services. 14-323. 

14-308. Submission of copies. 

14-309. County supervisor's record thereof. 

14-310. Provisions not applicable in Edge- 14-324. 
field County. 

14-311. Certain unclaimed funds to be paid 

to county treasurers. 14-325. 

14-312. Transfer of funds loaned out. 

14-313. Subsequent claim by owner. 

14-314. Accounts of such funds. 14-326. 

14-315. Disbursing officers not to exceed or 
transfer appropriations; suspen- 
sion by Governor. 14-327. 

14-316. Intermingling official funds with 

private funds prohibited. 14-328. 

14-317. Failure to remit funds. 

14-317.1. Charge off of losses in county 14-329. 
office on consent of Comptroller 
General. 



Extra allowance to salaried officers 
forbidden. 

Provisions as to certain officers' 
fees. 

Selling to county or purchasing 
from corporation in which officer 
owns stock. 
1. Same; when provisions not ap- 
plicable in Sumter County. 

"County Treasurer's Daily Cash 
Receipts" book in Greenville and 
Union Counties. 

"Disbursements of All Funds for 
County Expenses" book in Green- 
ville and Union Counties. 

"Disbursements of School Funds" 
book in Greenville and Union 
Counties. 

"County Treasurer's General 
Monthly Cash Book" in Green- 
ville and Union Counties. 

Treasurer to report collections and 
disbursements of funds in Green- 
ville and Union Counties. 

Treasurer's report to superintend- 
ent of education in Greenville and 
Union Counties. 

Treasurer's receipt book in Green- 
ville and Union Counties. 

How certain books kept in Green- 
ville and Union Counties. 

Publication of quarterly statements 
in Greenville and Union Counties. 



§ 14-301. Time of commencement of terms of county officers. 

The time for the commencement of the terms of office of the various county 
officers shall be the first Tuesday in January next after their election ; provided, 
that nothing herein contained shall apply to those officers who are appointed 
by the Governor; provided, further that this section shall not apply to elections 
held for an unexpired term of office. 

1942 Code § 3072; 1932 Code § 3072; Civ. C. '22 § 759; Civ. C. '12 § 675; 1907 (25) 541. 

Masters of court are included under the 
provisions of this section. Peake v. Young, 
40 S. C. 41, 18 S. E. 237 (1892). 



§ 14-302. How vacancies in county offices filled. 

In the event of a vacancy at any time in any of the offices of any county 
of the State the Governor may appoint some suitable person, who shall be an 
elector of the county, and, upon duly qualifying according to law, he shall be 
entitled to enter upon and hold the office to which he has been appointed: 

93 



§ 14-303 Code of Laws of South Carolina § 14-303 

(1) If it be an elective office, until the next general election for such office 
if the term of such office be fixed by the State Constitution or until the next 
general election if the term be not so fixed, in which latter case an election shall 
then be held to fill the unexpired term and in either such event such person 
shall hold office until his successor shall qualify ; and 

(2) If it be an office which was filled originally by appointment, until the 
adjournment of the General Assembly at the regular session next after such 
appointment. 

Any officer so appointed shall be subject to all the duties and liabilities in- 
cident to his office during the term of his service therein. Any officer elected 
to fill an unexpired term under the provisions of this section shall hold office 
for such term and until his successor shall qualify. 

1942 Code 2351; 1932 Code § 2351; Civ. C. '22 § 284; Civ. C. '12 § 281; Civ. C. '02 
§ 254; G. S. 161; R. S. 212; 1882 (18) 375; 1899 (23) 84. 

Vacancies in the office of sheriff and of unexpired term exceeds one year. Whit- 
county clerk cannot be filled by election mire v. Langston, 11 S. C. 381 (1878). 
until the next general election for such Nor in office of State Highway Commis- 
offices. The former provision in this sec- sion. Heyward v. Long, 178 S. C. 351, 183 
tion providing for filling such vacancies at S. E. 145 (1935). 

the next general election was held uncon- But he can fill a vacancy occurring dur- 

stitutional. See Privette v. Grinnell, 191 S. ing a recess with respect to the office of 

C. 376, 4 S. E. (2d) 305 (1939); Limehouse magistrate; the statutory authority there- 

v. Blackwell, 190 S. C. 122, 2 S. E. (2d) 483 for being expressly conferred. State v. 

(193S); Cannon v. Sligh, 170 S. C. 45, 169 Bowden, 92 S. C. 393, 75 S. E. 866 (1912); 

S. E. 712 (1932). cited with approval in State v. Whitten, 92 

The Governor cannot fill a vacancy in S. C. 409, 75 S. E. 880 (1912); Heyward v. 

the office of the judge of probate where the Long, 178 S. C. 351, 183 S. E. 145 (1935). 

§ 14-30$. When recommendation of legislative delegation becomes appoint- 
ment. 
In all cases in which the Governor is required to appoint any person to any 
position created by statute in any county of this State having a population of 
between 117,000 and 101,060, as shown by the United States census of 1930, 
upon the recommendation of a certain number or proportion of the County 
Legislative Delegation from such county or by a certain proportion of the 
House Delegation and the Senator of such county, as the case may be, the 
Governor shall make such appointments within ten days from the date of the 
filing in his office of such recommendation signed by the requisite number of 
members of the House and Senate as may be required under the terms of the 
particular statute relating to that particular position. Upon the failure of 
the Governor to make any such appointment and certify the same imme- 
diately to the Secretary of State within the time limit herein provided, such 
recommendation so signed and filed in the office of the Governor shall of it- 
self, automatically as a matter of law, immediately operate as an effectual ap- 
pointment of the person so recommended, having the same legal force and 
effect as though the Governor himself had made the appointment, and thereup- 
on the Secretary of State shall immediately, upon the expiration of said ten 
day period, issue to the person so appointed a commission in the usual form 
showing such appointment and deliver it to the appointee, who shall upon 

94 



§ 14-304 Counties § 14-306 

production thereof be entitled to take over the office or other position to which 
he has been appointed, and any person in possession thereof shall forthwith 
surrender the same to him, together with all records and property relating 
thereto. 

1942 Code § 3095-1; 1937 (40) 609. 

Cross reference. — As to commissioning 
of State officers by the Governor, see S. C. 
Const., Art. 4, §§ 17, 19. 

§ 14-304. How county officer removed ; filling vacancy. 

Any county officer who is guilty of misconduct or persistent neglect of 

duty in office or any person who persists in holding any county office to 

which he has been appointed or elected but the duties of which he has not 

the capacity to properly discharge shall, upon indictment and true bill after 

warrant or after presentment of a grand jury and indictment and true bill 

thereon, be tried as for misdemeanor in office, and upon his conviction the 

office shall be declared vacant, and the sentence shall be removal of defendant 

from office. The vacancy shall be filled as when a vacancy occurs by death or 

resignation. 

1942 Code § 1515; 1932 Code § 1515; Cr. C. '22 § 463; Cr. C. '12 § 538; Cr. C. '02 § 381; 
1897 (22) 423. 

Cross reference. — As to the provisions the people or originally appointed for full 

relating to the Governor's powers of ap- term. State v. Sanders, 118 S. C. 498, 110 

pointing and removing county officers, see S. E. 808 (1920). 
§ 1-122 and note thereto. But not to officers appointed by Gov- 

Section supersedes Governor's common ernor to fill vacancies. — In the light of 

law power of removal. — It seems this sec- § 1-122, this section is not applicable to 

tion supersedes any common law power of county officers appointed by the Governor 

removal at the will of the executive, if to fill vacancies, which officers may be re- 

without this section such power would have moved by him for cause. State v. Sanders, 

existed. See McDowell v. Burnett, 92 S. 118 S. C. 498, 110 S. E. 808 (1920). 
C. 469, 75 S. E. 873 (1912). Cited in State v. Elliott, 94 S. C. 35, 77 

And it applies only to officers elected by S. E. 728 (1912). 

§ 14-305. Holding of two offices defined for Colleton and Georgetown Counties. 

On account of the great similarity of duties and interest it is hereby de- 
clared that the holding of membership on the township boards of assessors 
and the county board of equalization as well as being members of boards of 
town County, and it is hereby declared that citizens of either of said counties 
may be appointed as members of boards of school trustees as well as members 
of township boards of assessors and the county board of equalization. 

1942 Code §§4225, 4404; 1932 Code §§4225, 4404; 1931 (37) 365. 

§ 14-306. Demonstration agents for each county. 

The extension service of The Clemson Agricultural College of South Car- 
olina shall place at least one farm and one home demonstration agent in each 
county in this State, subject to confirmation by a majority of the county del- 
egation, such agents to be employed as at present and payment of their salaries 
to be made through the treasurer of the extension service as provided for the 

95 



§ 14-307 Code of Laws of South Carolina § 14-310 

payment of that portion of the salaries of such agents contributed by the state 
and federal governments. 

1942 Code § 5806-11; 1932 Code § 5773; 1929 (36) 1053. 

§ 14-307. Records of moneys received or due as pay for services. 

Each county officer shall be required to purchase and keep in his office, open 
to public inspection during office hours, a book in which shall be kept an 
itemized account of all moneys received by or due him, whether received by 
him or due to him as salary, fees or costs or in any other manner, as pay for 
him for his services by virtue of his office ; provided, that nothing herein con- 
tained shall be construed to require any officer to demand the payment of his 
fees and costs in advance. Any county officer neglecting or refusing to comply 
with any of the provisions of this section shall be guilty of a misdemeanor and, 
upon conviction, shall be fined not less than fifty nor more than two hundred 
dollars or imprisoned in the county jail not less than two nor more than 
six months, either or both at the discretion of the court. 

1942 Code § 3078; 1932 Code §§'1514, 3078; Civ. C. '22 § 765; Civ. C. '12 § 681; Civ. C. 
'02 §§ 611, 612; Cr. C. '22 § 462; Cr. C. '12 § 537; Cr. C. '02 § 380; 1897 (22) 458; 1898 
(22) 742; 1902 (23) 1162; 1909 (26) 32; 1916 (29) 762; 1920 (31) 1148, 1149; 1921 (32) 179. 

§ 14-308. Submission of copies. 

At the close of each fiscal year, when so required by the Senator from such 
county or a majority of the members of the House of Representatives from 
the county, each county officer shall transmit an itemized copy of such ac- 
count, under oath, to the office of the county supervisor or to the members of 
the governing body in any county where there is no county supervisor, and 
shall transmit a copy thereof to the Senator and each member of the House of 
Representatives from the county on or before the 10th day of January next 
ensuing. 

1942 Code § 3078; 1932 Code §§ 1514, 3078; Civ. C. '22 § 765; Civ. C. '12 § 681; Civ. C. 
'02 §§ 611, 612; Cr. C. '22 § 462; Cr. C. '12 § 537; Cr. C. '02 § 380; 1897 (22) 458; 1898 
(22) 742; 1902 (23) 1162; 1909 (26) 32; 1916 (29) 762; 1920 (31) 1148, 1149; 1921 (32) 179. 

§ 14-309. County supervisor's record thereof. 

The county supervisor, in addition to other books kept in his office, shall 

keep a separate book in which he shall enter the total amount of each account 

so furnished, opposite the name of the officer furnishing the account, and 

shall file the account in his office, as other county records are kept. 

1942 Code 5 3078; 1932 Code §§ 1514, 3078; Civ. C. '22 § 765; Civ. C. '12 § 681; Civ. C. 
'02 §§ 611, 612; Cr. C. '22 § 462; Cr. C. '12 § 537; Cr. C. '02 § 380; 1897 (22) 458; 1898 
(22) 742; 1902 (23) 1162; 1909 (26) 32; 1916 (29) 762; 1920 (31) 1148, 1149; 1921 (32) 179. 

§ 14-310. Provisions not applicable in Edgefield County. 

The provisions of §§ 14-307, 14-308 and 14-309 shall not apply to Edge- 
field County. 

1942 Code § 3078; 1932 Code §§ 1514, 3078: Civ. C. '22 § 765; Civ. C. '12 § 681; Civ. C. 
'02 §§ 611, 612; Cr. C. '22 § 462; Cr. C. '12 § 537; Cr. C. '02 § 380; 1897 (22) 458; 1898 
(22) 742; 1902 (23) 1162; 1909 (26) 32; 1916 (29) 762; 1920 (31) 1148, 1149; 1921 (32) 179. 

96 



§ 14-311 Counties § 14-315 

§ 14-311. Certain unclaimed funds to be paid to county treasurers. 

All county officers shall pay over to their respective county treasurers all 
official funds they may receive officially, the owner or claimant of which can- 
not be ascertained by such officers, or which may have remained in their hands 
for a period of seven or more years, when such funds are not held in trust for 
those having a future or contingent interest therein and when no claim has 
been made therefor within seven years. 

1943 (43) 274. 

§ 14-312. Transfer of funds loaned out. 

Any of such funds which may be invested or loaned out for the benefit of 
those who cannot be ascertained shall be paid over to the county treasurer as 
soon as the same is collected. Such funds shall be by such treasurers credited 
to their respective general funds. 

1943 (43) 274. 

§ 14-313. Subsequent claim by owner. 

In the event any owner shall establish his right to any of such fund and the 
same has been accredited by the county treasurer, such fund shall be paid to 
such owner or claimant by the order of the court of common pleas from the 
general fund of the county. 

1943 (43) 274. 

§14-314. Accounts of such funds. 

Such officers shall keep accounts of all such funds so paid by each of them 
respectively to such county treasurers. Such accounts shall show the dates 
of such payments, the titles of cases or sources from which such funds are 
derived and the amount so paid over to the said treasurer. Each county treas- 
urer shall open and keep a separate account with each officer paying such 
funds to him of all funds so received by him from such officers. Such accounts 
shall show the dates of such payments and the titles of cases or sources from 
which funds are derived. The accounts shall be open to public inspection at 
any time during office hours. 

1943 (43) 274. 

§ 14-315. Disbursing officers not to exceed or transfer appropriations; suspen- 
sion by Governor. 
It shall be unlawful for any officer, clerk or other person charged with dis- 
bursements of county funds appropriated by the General Assembly to ex- 
ceed the amounts and purposes stated in such appropriation or to change or 
shift appropriations from one item to another; provided that transfers may 
be authorized by the General Assembly in any county supply act. Any officer, 
clerk or other person violating the provisions of this section shall be guilty 
of malfeasance in office, and the Governor may, upon his attention being 
brought to the same, at once suspend such officer and shall investigate his 
conduct, and such officer shall be guilty of a misdemeanor and, upon convic- 
tion thereof, shall be fined or imprisoned within the discretion of the court. 
[2 SC Code]— 7 97 



§ 14-316 Code of Laws of South Carolina § 14-318 

1942 Code §§ 1592, 3070, 3071; 1932 Code §§ 1592, 3070, 3071; Civ. C. '22 §§ 757, 758; 
Cr. C. '22 § 557; 1921 (32) 117. 

Cross references. — See also § 1-54. For 
similar provision as to State officers, see 
§ 1-702. 

§ 14-316. Intermingling official funds with private funds prohibited. 

It shall be unlawful for any county official to deposit public or trust funds 
with individual or private funds in any bank or other depository in this State 
or for any sucb officer to withdraw any such public or trust funds or any part 
thereof for any purpose other than that for which they were received and de- 
posited. Any county official violating this provision of law shall be subject 
to a fine or imprisonment at the discretion of the court and in addition shall 
be subject to removal from office for malfeasance in office. This section is 
intended to require all county officers to carry a county fund not required to 
be deposited by them in the State Treasury under the provisions of § 1-750 
in a separate account to be known as public or trust funds without allowing 
any private funds to be deposited in such account. 

1942 Code § 3184; 1932 Code § 3184; 1930 (36) 1250. 

§14-317. Failure to remit funds. 

Any county officer who neglects or fails to remit to the State Treasurer as 
required by law shall become responsible on his official bond for any loss 
the State may sustain by reason of such neglect or failure to remit. 

1942 Code § 2200; 1932 Code § 2200; 1925 (34) 273; 1926 (34) 1049. 

§ 14-317.1. Charge off of losses in county office on consent of Comptroller Gen- 
eral. 

Whenever there shall occur in any county office in this State a loss of public 
funds arising through defalcation, bank deposits, theft or otherwise, the county 
treasurer or other officer having custody of the records in which such loss 
appears may charge off such loss with the approval of the Comptroller General, 
but, in the case of bank losses, only if the bank shall have been liquidated and 
the receiver or other agent discharged and, in the case of any other loss, only 
if the sums recoverable by bond or otherwise shall have been applied against 
the loss and the remaining sum definitely ascertained to be irrecoverable. 

1942 Code § 2805; 1933 (38) 491. 

§ 14-318. Extra allowance to salaried officers forbidden. 

No member of the governing body of any county shall vote for an extra al- 
lowance to any person who is paid by salary, nor shall the treasurer of any 
county knowingly pay to any such person any extra allowance. 

1942 Code § 3879; 1932 Code § 3879; Civ. C. '22 § 1120; Civ. C. '12 § 998; Civ. C. '02 
§ 813: G. S. 634; R. S. 700; 1875 (151 996: 1893 (21) 481. 

Applied in County of Richland v. Ameri- Stated in Lvon v. Patterson, 102 S. C. 

can Suretv Co. of New York, 92 S. C. 525, 87 S. E. 306 (1915). 
329, 75 S. E. 549 (1911). 

98 [2 SC Code] 



§ 14-319 Counties § 14-321 

§ 14-319. Provisions as to certain officers' fees. 

All fees and accounts of officers other than magistrates for criminal pro- 
ceedings, including cases of vagrancy, when not recovered from the defendant 
or party complaining at the rates allowed by law, shall be paid by the county 
wherein the offense shall have been committed; provided such fees and accounts 
do not exceed the sum of five hundred dollars per annum, and all accounts 
rendered for such proceedings shall state when such offense was committed. 
The provisions of this section shall not apply to the counties in which, by 
special legislation, such fees and accounts have been otherwise provided for. 

1942 Code § 3870; 1932 Code §§ 3718, 3870; Civ. C. '22 § 1111; Civ. C. '12 § 990; Civ. 
C. '02 § 805; R. S. 690; 1875 (15) 991. 

This section is not inconsistent with 
§ 14-20. Rogers v. Marlboro County, 32 
S. C. 555, 11 S. E. 383 (1889). 

§ 14-320. Selling to county or purchasing from corporation in which officer 
owns stock. 

It shall be unlawful for any supervisor or any member of the governing 
body of any county, during his term of office, to sell for public use to his coun- 
ty any lumber, stock, tools, materials or supplies of any description whatsoever 
or to purchase from any corporation in which he holds stock. 

Any person violating this section shall be guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a fine of not less than fifty dollars 
nor more than two hundred dollars or imprisonment for a term of not less 
than thirty days nor more than six months on the public works of the county. 

1942 Code § 1574; 1932 Code § 1574; Cr. C. '22 § 522; Cr. C. '12 § 591; 1906 (25) 113. 

§ 14-320.1. Same; when provisions not applicable in Sumter County. 

The provisions of § 14-320 shall not apply to Sumter County when the sale 
is through sealed competitive bids. 

1951 (47) 3. 

§ 14-321. "County Treasurer's Daily Cash Receipts" book in Greenville and 
Union Counties. 

In Greenville and Union Counties the county treasurer shall keep a book 
called the "County Treasurer's Daily Cash Receipts" in which shall be entered 
daily all taxes and other moneys received by the county treasurer from all 
sources. This book shall be printed and ruled with appropriate columns show- 
ing: 

(1) The line number; 

(2) The date received ; 

(3) The name; 

(4) The amount received ; 

(5) State taxes, with subsidiary columns for taxes and penalty; 

(6) County taxes, with subsidiary columns for (a) taxes for all purposes, (b) 
penalty, (c) commutation road tax, (d) fines, fees and licenses, (e) R.M.C. 

99 



§ 14-322 Code of Laws of South Carolina § 14-323 

fees (in Greenville County only), (f) miscellaneous income, (g) total receipts 
for the county, (h) loans for the county and (i) special local taxes ; and 

(7) School taxes, with subsidiary columns for (a) townships, (b) school 
districts, (c) special school tax, (d) penalty, (e) high school tax, (f) penalty, 
(g) interest on school bonds, (h) penalty, (i) poll tax, (j) penalty, (k) mis- 
cellaneous income, (1) total receipts for schools and (m) loans for schools. 

The county auditor of each of said counties shall distribute upon said book 

the items of receipts for taxes to appropriate columns, as herein required. 

1942 Code §§ 4417, 4836; 1932 Code §§ 4417, 4836; Civ. C. '22 §§ 1572, 1956; Civ. C. 
'12 § 1058; 1910 (26) 730; 1912 (27) 643. 

§ 14-322. "Disbursements of All Funds for County Expenses" book in Green- 
vills and Union Counties. 
In Greenville and Union Counties the county treasurer shall keep a book 
called "Disbursements of All Funds for County Expenses," in which shall be 
recorded all disbursements made by him on account of county expenses for 
each fiscal year. This book shall be printed and ruled with appropriate col- 
umns showing: 

(1) The line number; 

(2) The claim number; 

(3) The warrant number ; 

(4) The item in the supply account to which chargeable; 

(5) Date of payment; 

(6) Claimant; 

(7) Nature of claim; 

(8) Columns headed and numbered Item 1 and upward, with a tabulated 
statement intended to apply to such at the head of each column, showing: (a) 
the amount of the appropriation made for each particular item, (b) the amount 
of warrants paid to date chargeable to said item and (c) the balance of the ap- 
propriation subject to future warrants ; 

(9) Loans; 

(10) Miscellaneous ; and 

(11) Total, with a tabulation as in (8). 

1942 Code §§ 4418, 4837; 1932 Code §§ 4418, 4837; Civ. C. '22 §§ 1573, 1957; Civ. C. '12 
§ 1059; 1910 (26) 731; 1912 (27) 643. 

§ 14-323. "Disbursements of School Funds" book in Greenville and Union 
Counties. 
In Greenville and Union Counties the county treasurer shall keep a book 
called "Disbursements of School Funds" in which shall be recorded all dis- 
bursements made for school purposes during each fiscal year. This book shall 
be printed and ruled with appropriate columns showing : 

(1) The line number ; 

(2) The school district number; 

(3) The warrant number; 

(4) The treasurer's number; 

(5) The date of payment ; 

100 



§ 14-324 Counties § 14-324 

(6) The claimant ; 

(7) The nature of the claim ; 

(8) The general cash book folio ; 

(9) The amount ; 

(10) Common school and special school tax ; 

(11) High school tax; 

(12) Interest on school bonds ; 

( 13 ) In Union County only, sinking fund commission ; and 

(14) Miscellaneous. 

1942 Code §§ 4419, 4838; 1932 Code §§ 4419, 4838; Civ. C. '22 §§ 1574, 1958; Civ. C. 
'12 § 1060; 1910 (26) 731; 1912 (27) 643. 

§ 14-324. "County Treasurer's General Monthly Cash Book" in Greenville and 
Union Counties. 
In Greenville and Union Counties the county treasurer shall keep a book 
called "County Treasurer's General Monthly Cash Book" in which he shall 
make up a statement within the first five days of every month, showing the 
amount of receipts and disbursements during the preceding month on account 
of state, county and school taxes for each fiscal year not completely closed 
This book shall be printed and ruled with appropriate columns, showing: 

(1) The date received ; 

(2) Daily cash receipt book folio ; 

(3) Department; 

(4) Ledger folio; 

(5) Taxes; 

(6) Penalty; 

(7) Total receipts; 

(8) Date of payment ; 

(9) Disbursement book folio; 

(10) Department; 

(11) Ledger folio; and 

(12) Total disbursement. 

Under the head of "Department" on the debit side shall be entered (a) the 
amount of state taxes received during the preceding month, (b) the amount 
of county taxes received for the same period, which shall include taxes for all 
purposes, commutation road tax, fines, fees, licenses, miscellaneous incomes, loans 
for county purposes, and in Greenville County register of mesne conveyance 
fees, Dunklin special tax and Oaklawn special tax and in Union County 
township local or special tax and (c) the amount of school taxes received for 
the same period, which shall include special school tax, high school tax, interest 
on school bonds, poll tax, miscellaneous income loans for schools and, in Green- 
ville County, liquor profits. The debit side of the account shall also show, in 
tabulated form, the balance on hand from the previous month of state taxes, 
county taxes and school taxes, separately stated, aggregated and added to the 
total receipts for the month. Under the head of "Department" on the credit 
side of the account shall be shown separately disbursements of state taxes for 
the preceding month, disbursements of county taxes for the same period and 

101 



§ 14-325 Code of Laws of South Carolina § 14-325 

disbursements of school taxes for the same period, separately stated and ag- 
gregated and also the balance in hand at the end of the month to be carried 
forward to the next month, separately stated, showing state, county and 
school taxes, and aggregated. This statement shall also show separately cash 
in the treasurer's office and cash on deposit in bank, aggregated and agreeing 
with the total balance shown. 

1942 Code §§ 4420, 4839; 1932 Code §§ 4420, 4839; Civ. C. '22 §§ 1575, 1959; Civ. C. 
'12 § 1061; 1910 (26) 732; 1912 (27) 643; 1950 (46) 2256. 

§ 14-325. Treasurer to report collections and disbursements of funds in Green- 
ville and Union Counties. 
In Greenville and Union Counties the county treasurer shall within the first 
five days of every month make a report to the county supervisor of the collec- 
tions and disbursements of all funds for county expenses during the preceding 
month of each fiscal year upon account of which the said collections shall 
have been received. Each fiscal year shall be kept separate and distinct, and 
the county treasurer shall make out as many reports as there are fiscal years 
to which the same are to be charged. He shall keep a book in which these 
reports shall be made out. The county supervisor shall keep a similar book 
and shall, on or before the first day of each month, deliver the same to the 
county treasurer to be filled out in conformity with the book kept by the treas- 
urer. This book shall be printed and ruled with appropriate columns and 
headed in Greenville County "County Treasurer's Monthly Report to the County 
Supervisor of the Collections and Disbursements of All Funds for County Ex- 
penses from , .... 19. . . . to , .... 19. . . . and Ending 

December 31, 19 . " and similarly headed in Union County, except that the 

words "County Board of Commissioners" shall replace "County Supervisor." 
This report shall contain two subdivisions, one of which shall show receipts for 
all county purposes and the other expenditures authorized and total disburse- 
ments to date. The first subdivision shall show in tabulated form the bal- 
ance on hand from the last previous report and receipts by the county treasur- 
er since the last report, aggregated, from which shall be deducted disburse- 
ments since the last report, showing the balance on hand at the date of the 
report. The second division shall be printed and ruled with appropriate col- 
umns, showing: 

(1) Classification item number; 

(2) Purpose; 

(3) Expenditures authorized by law; 

(4) Total disbursed to date ; and 

(5) Limit of disbursement for future claims. 

Under the subdivision "Purposes" shall be entered in numerical order the 
item of appropriation conformably with the county supply act. Under the 
column "Expenditures Authorized by Law" shall be entered, separately, the 
amount of appropriation for special items as contained in the supply account 
for the year. Under the column "Total Disbursed to Date" shall be entered 
the total amount of disbursements made by the county treasurer, chargeable 
to the several items by classification number. Under the column "Limit of 

102 



§ 14-326 Counties § 14-327 

Disbursements for Future Claims" shall be entered the difference between "The 

Expenditures Authorized by Law" and "Total Disbursed to Date" on 

account of the several items in the supply account. This report shall be 

signed and dated by the county treasurer. 

1942 Code §§ 4421, 4840; 1932 Code §§ 4421, 4840; Civ. C. '22 §§ 1576, 1960; Civ. C. 
'12 § 1062; 1910 (26) 733; 1912 (27) 643. 

§ 14-326. Treasurer's report to superintendent of education in Greenville and 
Union Counties. 

In Greenville and Union Counties the county treasurer shall within the first 
five days of every month make a report to the county superintendent of ed- 
ucation of the collection and disbursements of school taxes during the preced- 
ing month for each fiscal year upon account of which the same shall have been 
received. Each fiscal year shall be kept separate and distinct, and the county 
treasurer shall make as many reports as there are fiscal years to which the 
same are to be charged. He shall keep a book in which these reports shall be 
made out. The county superintendent of education shall keep a similar book 
and shall on or before the first day of each month deliver the same to the 
county treasurer to be filled out in conformity with the book kept by the treas- 
urer. This book shall be printed and ruled with appropriate columns and 
headed "County Treasurer's Monthly Report to the County Superintendent of 
Education of the Collection and Disbursements of All Funds for School Pur- 
poses from 19. . . . to 19. . . ., for the fiscal year commencing July 

1, 19. . . ., and ending July 30, 19 " This report shall contain in tabulated 

form a statement showing the balance on hand from the previous report, and 
the amount collected since the previous report, aggregated, from which shall 
be deducted disbursements since the previous report, showing the balance on 
hand at the date of the report and remarks. This report shall be signed by the 
county treasurer and dated. 

1942 Code §§ 4423, 4842; 1932 Code §§ 4423, 4842; Civ. C. '22 §§ 1578, 1962; Civ. C. 
'12 § 1064; 1910 (26) 734; 1912 (27) 643. 

§ 14-327. Treasurer's receipt book in Greenville and Union Counties. 

In Greenville and Union Counties the county treasurer shall keep a book of 
blank receipt forms which he shall use in receipting for all moneys other than 
taxes. This book shall be printed with a stub and perforated lines, separating 
the stub from the receipt. Upon the stub shall be printed the following: 

(1) Number; 

(2) Date; 

(3) Received of; 

(4) Amount; 

(5) Cash book folio; 

(6) On account of ; and 

(7) Signature — payer and treasurer. 

The person paying money to the treasurer shall sign in the blank space 
entitled "Payer" and the treasurer, in like manner, shall sign in the blank space 
entitled "Treasurer." The receipt shall be in the following form: 

103 



§ 14-328 

No 

Received of 



Code of Laws of South Carolina 



§ 14-329 



Office of County Treasurer. 
S.C 19.... 



Dollars ($ ) on account of 



County Treasurer 

1942 Code §§ 4424, 4843; 1932 Code §§ 4424, 4843; Civ. C. '22 §§ 1579, 1963; Civ. C. 
'12 § 1065; 1910 (26) 735; 1912 (27) 643. 

§ 14-328. How certain books kept in Greenville and Union Counties. 

All entries, footings and amounts carried forward in the books provided for 

in this chapter shall be made in ink. Each page shall show perfect balancing 

of all columnar additions and of all footings carried forward. 

1942 Code §§ 4425, 4844; 1932 Code §§ 4425, 4844; Civ. C. '22 §§ 15S0, 1964; Civ. C. 
'12 § 1066; 1910 (26) 735; 1912 (27) 643. 

§ 14-329. Publication of quarterly statements in Greenville and Union Coun- 
ties. 
In Greenville and Union Counties within the first twenty days of each of the 
months of January, April, July and October the county treasurer shall publish 
one time in a newspaper of the county, selected by him as calculated to give 
full publicity thereto, a condensed statement, approved by the county auditor, 
of receipts and disbursements from the beginning of the fiscal year on account 
of all state, county and school taxes, separately stated, and the balance on hand 
at the end of the preceding quarter to the credit of each. The advertising 
charges therefor shall not exceed two dollars and fifty cents for each insertion. 

1942 Code §§ 4420, 4839; 1932 Code §§ 4420, 4839; Civ. C. '22 §§ 1575, 1959; Civ. C. '12 
§ 1061; 1910 (26) 732; 1912 (27) 643. 



CHAPTER 8. 

County Planning. 



Article 1. 



In Counties Containing a City of 
over 70,000. 

Sec. 

14-351. Short title and application of arti- 
cle. 

14-352. Division into districts for zoning 
purposes. 

14-353. Governing body may adopt regu- 
lations. 

14-354. Purposes of zoning regulations. 

14-355. County planning board. 

14-356. Employ »es of board; officials to co- 
operate. 

14-357. Planning board to cooperate with 
other agencies; committees and 
rules. 



Sec. 
14-357. 

14-358. 

14-359. 
14-360. 

14-361. 
14-362, 
14-363. 

14-364 

14-365 
14-366 



1. Jurisdiction of planning board 
and governing body. 

When planning board may act with- 
in municipalities. 

Regional planning board. 

Master plan and maps for system- 
atic future development. 

Zoning plan. 

Hearing on plan before board. 

Hearing before county governing 
body. 

Amendment of districts or regula- 
tions. 

Nonconforming uses. 

New streets, roads and subdivisions. 



104 



§ 14-351 



Counties 



§ 14-353 



Sec. 

14-367. Certain residential subdivisions pre- 
viouslj approved exempt from 
regulations. 

14-368. Board of adjusiment; appointment, 
term, removal, vacancies and as- 
sociate members. 

14-369. Officers, meetings and minutes of 
board of adjustment. 

14-370. When county board of adjustment 
to act for municipality. 

14-371. Joint boards of adjustment. 

14-372. Rules governing board of adjust- 
ment. 

14-373. Appeals to bo«rd of adjustment. 

14-374. Hearing on appeal to board. 

14-375. Powers of board on appeal. 

14-376. Appeal to circuit court. 

14-377. Notice of a| peal and filing of tran- 
script. 

14-378. Effect of such appeal. 

14-379. Hearing and decision of circuit 
court: costs. 

14-380. Appeal to Supreme Court. 

14-381. Appropriations; gifts. 

14-382. Contempt of planning or adjust- 
ment board. 



Sec. 

14-383. Injunction against violations. 
14-3S4. Penalties. 

Article 2. 
In Certain Other Counties. 

14-391. When authorized. 

14—392. Appointment; term; vacancies. 

14-393. Same; special provision for Aiken 
County. 

14-394. Salary; expenses; appropriations. 

14—395. Quorum; officers, meetings; rec- 
ords. 

14-396. Contract for services. 

14-397. Employees; enforcement of orders 
and regulations. 

14—398. Powers of commission. 

14-399. Division of county into districts. 

14—399.1. Master plan; purposes. 

14-399.2. Appeal from act or decision of 
commission. 

14-399.3. Circuit court review of commis- 
sion decisions. 

14-399.4. Appeal to Supreme Court. 

14-399.5. Effect of findings of fact by 
commission. 

14-399.6. Penalties. 



Article 1. 
In Counties Containing a City of over 70,000. 

§ 14-351. Short title and application of article. 

This article shall be known and may be cited as "The County Planning 
Act," and shall be effective in all counties in this State containing a city having 
a population of more than seventy thousand according to the most recent of- 
ficial United States census. 

1942 (42) 1631. 

§ 14-352. Division into districts for zoning purposes. 

In each such county the governing bod)' may divide the unincorporated por- 
tions of the county into districts of such number, shape and area as may be 
deemed best suited to carry out the purposes of this chapter and within such 
districts may regulate and restrict the erection, construction, reconstruction, 
alteration, repair or use of buildings and structures and the use, conditions of 
use or occupancy of land and in any such case may adopt official zoning regu- 
lations, including a map or maps, indicating the districts. But the regulations 
in one district may differ from those in other districts. 

1942 (42) 1631. 



§ 14-353. Governing body may adopt regulations. 

The governing body of each county in which this article shall be effective 
may (a) make, adopt, promulgate and, from time to time, amend, extend and 

105 



§ 14-354 Code of Laws of South Carolina § 14-355 

add to regulations effective in the unincorporated portions of the county re- 
stricting the height, number of stories and size of buildings and other struc- 
tures, the percentage of a lot that may be occupied, the size of yards, courts 
and other open spaces, the density of population, the location and use of build- 
ings and other structures and the use, conditions of use or occupancy of land 
for trade, industry, residence, recreation, transportation, agriculture, grazing, 
soil and water conservation, forestry, flood control or other purposes, (b) pro- 
vide for county planning, (c) provide for the regulation of subdivisions of land 
and (d) establish set-back lines for buildings and structures along the streets 
and roads. 
1942 (42) 1631. 

Cross reference. — For rules and regula- and Regulations, Charleston County Board 
tions promulgated by Charleston County of Commissioners, in Volume 7 of this 
under authority of this section, see Rules Code. 

§ 14-354. Purposes of zoning regulations. 

Such regulations shall be made in accordance with a comprehensive plan 
and shall be designed for the purposes, among others, of (a) lessening con- 
gestion in the roads and streets, (b) protecting the development of both 
urban and non-urban areas, (c) securing safety from fire, flood, erosion and 
other dangers, (d) providing adequate light and air, (e) promoting the health 
and general welfare, (f) encouraging such distribution of population and such 
classification of land uses and distribution of land development and utilization 
as will tend to facilitate economic and adequate provisions for transportation, 
communications, roads, airports, water supply, drainage, sanitation, education, 
recreation or other public requirements, (g) conserving and developing the 
natural resources, (h) fostering the State's agricultural and other industries 
and (i) protecting the food supply. Such regulations shall be made with 
reasonable consideration, among others, to the character of the districts and 
their peculiar suitability for particular uses, to the minimum and maximum 
amounts of land required for particular uses and with a general view to pro- 
moting desirable living conditions and the sustained stability of neighbor- 
hoods, protecting property against blight and depreciation, securing economy 
in governmental expenditures and encouraging the most appropriate use of 
land in the county. 

1942 (42) 1631. 

§ 14-355. County planning board. 

In each such county, the governing body may appoint a board of five members 
known as the county planning board. Any individual, whether in private or ex 
officio capacity, may be appointed to serve on such board but the majority 
of the members thereof shall be individuals who do not hold elective office. 
The terms of ex officio members shall correspond to their tenures in office. 
The term of each appointed member shall be four years, except that the re- 
spective terms of three of the members first appointed shall be one, two and 
three years. 

106 



§ 14-356 Counties § 14-359 

The governing body may provide for the reimbursement of the members 
of the planning board for aotual expenses incurred and shall provide for the 
filling of vacancies in the membership of such board and for the removal of any 
member for cause, on written charges, after, a public hearing. 

1942 (42) 1631. 

§ 14-356. Employees of board; officials to cooperate. 

The governing body of any such county may employ the services of a com- 
petent engineer or expert in county planning and zoning and such other em- 
ployees as are necessary. All State officials, departments and agencies having 
information, maps and data pertinent to county zoning and planning shall 
make them available for the use of the planning board as well as furnish 
such technical assistance and advice as they may have available for the 
purpose. 

1942 (42) 1631. 

§ 14-357. Planning board to cooperate with other agencies ; committees and 
rules. 

Any such planning board may cooperate with the planning and zoning 
boards of other counties, cities, villages or other municipalities, either within 
or without such county, and with municipal and State authorities, with a view 
to coordinating and integrating the planning and zoning program and may 
appoint such committees and adopt such rules as may be thought proper to 
effect such cooperation. 

1942 (42) 1631. 

§ 14-357.1. Jurisdiction of planning board and governing body. 

The jurisdiction of the planning board and the governing body of the 
county shall for the purpose of this article extend to and include all of the 
land within the jurisdiction generally of such governing body. 

1942 (42) 1631. 

§ 14-358. When planning board may act within municipalities. 

The governing body of any municipality located in whole or in part within 
the limits of any such county may designate the county planning board as the 
official planning board of such municipality and in the event of such designa- 
tion and acceptance thereof by the county planning board and the governing 
body of the county, the county planning board shall have all the powers and 
duties provided by law for the municipal planning board in such municipality. 
And in the event no legislation has been enacted for the establishment of a 
planning board and defining its powers in such municipality, all the powers 
and duties outlined in this article shall be of force. 

1942 (42) 1631. 

§14-359. Regional planning board. 

If the governing body of any such county so desire, it may instead of 

107 



§ 14-360 Code of Laws of South Carolina § 14-363 

appointing a planning board for the county, form a regional planning board 
in conjunction with the governing authorities of another county or counties 
and thereupon may delegate to such regional planning board any or all of 
the powers and duties which under the terms of this article are conferred on 
the county planning board. 
1942 (42) 1631. 

§ 14-360. Master plan and maps for systematic future development. 

The planning board shall study the resources, possibilities and needs of the 
county and shall prepare a master plan and maps for the systematic future de- 
velopment of the county and from time to time in the manner herein provided 
make such recommendations to the governing body of the county as may be 
deemed advisable. 

1942 (42) 1631. 

§ 14-361. Zoning plan. 

The county planning board shall make for certification to the governing body 
of the county a zoning plan, including both the full text of the zoning regula- 
tions and the maps representing the recommendations of the board, for the 
regulation by districts or zones of the location, height, bulk and size of build- 
ings and other structures, percentage of lot which may be occupied, size of 
lots, courts and other open spaces, the density and distribution of population, 
the location and use of buildings and structures for trade, industry, residence, 
recreation, public activities or other purposes and the use of land for trade, 
industry, recreation, agriculture, forestry, soil conservation, water supply con- 
servation or other purposes. 

1942 (42) 1631. 

§ 14-362. Hearing on plan before board. 

When the efforts of the board shall have reached the stage of a tentative 
plan the board shall hold at least one public hearing on each tentative plan 
separately submitted, notice of which shall be given by publication in a daily 
newspaper in the county at least fifteen days before the date of the hearing. 
The notice shall contain the time and place of hearing and shall specify the 
place and time at which the tentative texts and maps of the proposed zoning 
regulations may be examined. For the purpose of its public hearings the board 
may summon witnesses, administer oaths and compel the giving of testimony. 
In the event that after any such public hearing the planning board, in the light 
of the development at such hearing, makes changes in its tentative plan no fur- 
ther hearings shall be required. 

1942 (42) 1631. 

§ 14-363. Hearing before county governing body. 

After receiving the certification of a zoning plan from the planning board 
and before the promulgation of any zoning regulations, the governing body 
of the county shall hold a public hearing thereon, of which notice shall be 
given once a week for at least two weeks in advance in a daily newspaper in 

108 



§ 14-364 Counties § 14-365 

the county. Such notice shall state the place at which the text and maps as 
certified by the planning board may be examined. No change in or departure 
from the text or maps, as certified by the planning board, shall be made unless 
such change or departure shall first be submitted to the planning board tor its 
approval or suggestions. The planning board shall have thirty days from and 
after such submission within which to send its report to the governing body 
of the county. But no approval, disapproval or suggestion of the planning 
board shall have more than advisory effect or shall in any wise bind the gov- 
erning body of the county. 
1942 (42) 1631. 

§ 14-364. Amendment of districts or regulations. 

The governing body of the county may, from time to time, amend the num- 
ber, shape, boundary or area of any district or any regulation of or within 
such district or any other provision of any zoning regulations, but no such 
amendment shall be made or become effective until it shall have been proposed 
by or be first submitted for approval, disapproval or suggestions to the plan- 
ning board. Any proposal, approval, disapproval or suggestions of the plan- 
ning board shall have advisory effect only and not be binding on the govern- 
ing body of the county and, unless such planning board shall have transmitted 
its report upon the proposed amendment within thirty days after the sub- 
mission thereof to it, the governing body of the county shall be free to pro- 
ceed to the adoption of the amendment without further awaiting the receipt 
of the report of the planning board. Before finally adopting any such amend- 
ment, the governing body shall hold a public hearing thereon, notice of which 
shall be given in at least two weekly publications in a daily newspaper in the 
county. 

1942 (42) 1631. 

§ 14-365. Nonconforming uses. 

The lawful use of a building or structure or the lawful use of any land, as 
existing and lawful at the time of the promulgation of zoning regulations or, in 
the case of an amendment of zoning regulations, at the time of such amend- 
ment may, except as herein provided, be continued although it does not con- 
form with the provisions of such regulations or amendment and such use may 
be extended throughout the same building if no structural alteration of such 
building is proposed or made for the purpose of such extension. The govern- 
ing body of the county may provide in any zoning regulations for the restora- 
tion, reconstruction, extension or substitution of nonconforming uses upon 
such terms and conditions as may be set forth in the zoning regulations. The 
governing body may also in any zoning regulations provide for the termina- 
tion of nonconforming uses, either by specifying the period within which non- 
conforming uses shall be required to cease or by providing a formula whereby 
the compulsory termination of nonconforming uses may be so fixed as to allow 
for the recovery or amortization of the investment in the nonconformance. 

1942 (42) 1631. 

109 



§ 14-366 Code of Laws of South Carolina § 14-368 

§ 14-366. New streets, roads and subdivisions. 

Before any street or road is opened or extended or before any new sub- 
division for residence, business or industrial use is made the person proposing 
to open or extend such streets, roads or new subdivision shall submit a de- 
tailed plan of the same, with other necessary data to the planning board. The 
planning board shall adopt regulations governing the subdivision of land with- 
in its jurisdiction. The adoption of such regulations shall follow the method 
of procedure covered in § 14-363. The planning board shall carefully examine 
such plans and specifications with regard to their nature and purpose, the 
width, character and location of such streets, alleys and roads in such sub- 
divisions and the size, material, location, grades and manner of laying of 
water mains and sewer lines and then transmit such applications, with all 
plans and data, to the governing body of the county with its recommenda- 
tions thereon in writing. Before any such streets, alleys, roads or subdivisions 
shall be laid out as aforesaid, they shall be required to have the approval of the 
governing body of the county in accordance herewith. 

The approval of the planning board and the governing body of the county 
of such plan shall be deemed an acceptance of the dedication shown thereon, 
but shall not impose any duty on the county concerning maintenance or im- 
provement. 

1942 (42) 1631. 

§ 14-367. Certain residential subdivisions previously approved exempt from 
regulations. 

Any residential subdivision formally approved by any agency of the United 
States before January 1 1942 or any residential subdivision as to which ap- 
plication for approval was made to any such agency before January 1 1943 and 
which is approved after that date by such agency shall not be subject to any 
regulation for the subdivision of lands which may be adopted by the plan- 
ning board and the governing body of any such county. 

1942 (42) 1631. 

§14-368. Board of adjustment; appointment, term, removal, vacancies and 
associate members. 

The governing body of the county shall provide for a board of adjustment 
of three or five members and for the manner of appointment thereof. The 
governing body shall fix the terms of the members of such board, which 
shall be of sufficient length and so arranged that the term of not more than one 
member shall expire each year. The governing body may remove any member 
for cause on written charges after a public hearing. Any vacancy shall be 
filled by the governing body for the unexpired term. The governing body may 
appoint associate members of such board and in the event that any member be 
temporarily unable to act, his place may be taken during such temporary ab- 
sence or disability by any associate member designated for the member. 

1942 (42) 1631. 

110 



§ 14-369 Counties § 14-373 

§ 14-369. Officers, meetings and minutes of board of adjustment. 

The board of adjustment shall elect one of its number as chairman and shall 
appoint a secretary. The secretary may be an employee of the county. Meet- 
ings of the board shall be held at the call of the chairman and at such other 
times as the board may determine. All meetings of the board shall be open 
to the public. The board shall keep minutes of its proceedings, showing the 
vote of each member upon each question or, if absent or failing to vote, indi- 
cating such fact and shall keep records of its examinations and other official 
actions, all of which shall immediately be filed in the office of the board and 
shall be a public record. 

1942 (42) 1631. 

§ 14-370. When county board of adjustment to act for municipality. 

The governing body of any municipality located in whole or in part within 
the limits of any such county may designate the county board of adjustment 
as the official municipal board of adjustment of such municipality and, in 
the event of such designation and acceptance thereof by the governing body 
of the county, the county board of adjustment shall have all of the powers 
and duties as provided by law for the municipal board of adjustment. And 
in the event there is no legislation for a municipal board of adjustment the 
power and authority granted the county board of adjustment shall obtain. 

1942 (42) 1631. 

§ 14-371. Joint boards of adjustment. 

In lieu of a separate board of adjustment for any such county, it may join 
with one or more counties having similar zoning and planning authorities 
in the establishment of a joint board of adjustment of five members having 
all of the jurisdiction and powers of the boards of adjustment for the several 
respective counties. Any such joint board of adjustment may hold its hear- 
ings at any such place in any of the counties within its jurisdiction as it may 
determine but the jurisdiction for appeal from such joint board of adjustment 
shall lie in the circuit court of the county in which the particular question 
arose. The several counties may defray the proper expense of such joint 
board of adjustment and apportion such expense among the participating 
counties. 

1942 (42) 1631. 

§ 14-372. Rules governing board of adjustment. 

The governing body of the county may specify and provide general rules 
to govern the organization, procedure and jurisdiction of the board of adjust- 
ment, which shall not be inconsistent with the provisions of this article. 
And the board of adjustment may adopt supplemental rules of procedure, not 
inconsistent with this article or such general rules. 

1942 (42) 1631. 

§ 14-373. Appeals to board of adjustment. 

Appeals to the board of adjustment may be taken by any officer, depart- 
Ill 



§ 14-374 Code of Laws of South Carolina § 14-375 

merit, board or bureau of the county and also by any person having a sub- 
stantial interest in any decision of an administrative officer or agency seeking 
to function under authority of or enforce any ordinance enacted pursuant to 
this article. Such appeals shall be taken as provided by the rules of the 
board of adjustment and shall be evidenced by filing with the secretary of the 
board a written notice of appeal specifying the grounds thereof and what 
modification of its decision is sought. The officer or agency from whose de- 
cision the appeal is taken shall forthwith transmit to the secretary of the board 
of adjustment all documents pertinent to the decision appealed from. The 
filing of such appeal shall stay all proceedings in furtherance of the actions 
or decisions appealed from, until it shall be passed upon by the board of ad- 
justment. After such decision proceedings in conformity therewith shall 
not be further stayed except as herein expressly provided. 
1942 (42) 1631. 

§ 14-374. Hearing on appeal to board. 

The board of adjustment shall fix a reasonable time for the hearing of 
the appeal, give public notice thereof, as well as due notice to the parties in 
interest, and decide the appeal within a reasonable time. Upon the hearing 
any party may appear in person or by attorney at law. The members of the 
board may summon witnesses, administer oaths and compel the giving of 
testimony. 

A majority of the board of adjustment shall constitute a quorum and a 
majority vote of the members hearing the appeal shall be sufficient to de- 
termine the appeal. 

1942 (42) 1631. 

§ 14-375. Powers of board on appeal. 

The board of adjustment shall, subject to such appropriate conditions and 
safeguards as may be established by the governing body of the county, have 
the following powers: 

(1) To hear and decide appeals when it is alleged by the appellant that 
there is an error in any order, requirement, decision or determination made 
by an administrative official or agency in the enforcement of this article or 
of any regulation adopted pursuant thereto; 

(2) To authorize upon appeal in specific cases such variance from the terms 
of such regulations as will not be contrary to the public interest when, owing 
to special conditions fully demonstrated on the basis of the facts presented, 
literal enforcement of the provisions of the regulation would result in great 
practical difficulties or unnecessary hardship and so that the spirit of the reg- 
ulation shall be observed and substantial justice done; 

(3) To permit in appropriate cases, in harmony with the general purpose 
and intent of such regulations, a building or premises to be erected or used 
for public utility or public service purposes in any location which is reason- 
ably necessary for public convenience and welfare. 

In exercising the above mentioned powers the board may, in conformity 

112 



§ 14-376 Counties § 14-380 

with the provisions of this article, reverse or affirm, wholly or partly, or 
may modify the order, requirement, decision or determination appealed from 
and may take such order, requirement, decision and determination as ought 
to be made and to that end shall have all the powers of the officer or agency 
from whom the appeal is taken. 
1942 (42) 1631. 

§ 14-376. Appeal to circuit court. 

Any person who may have a substantial interest in any decision of the 
board of adjustment or any officer, board or bureau of the county may appeal 
from any decision of the board of adjustment to the circuit court in and for 
the county by filing with the clerk of such court a petition in writing setting 
forth plainly, fully and distinctly wherein such decision is contrary to law 
Such appeal shall be filed within thirty days after the decision of the board 
of adjustment is rendered. 

1942 (42) 1631. 

§ 14-377. Notice of appeal and filing of transcript. 

Upon the filing of such an appeal the clerk of the circuit court shall give 
immediate notice thereof to the secretary of the board of adjustment and 
within thirty days from the time of such notice the board of adjustment shall 
cause to be filed with the clerk a duly certified copy of the proceedings had 
before the board of adjustment, including a transcript of the evidence heard 
before it, if any, and the decision of the board. 

1942 (42) 1631. 

§ 14-378. Effect of such appeal. 

The filing of an appeal in the circuit court from any decision of the board of 
adjustment shall not ipso facto act as a supersedeas but the judge of the 
circuit court may in his discretion grant a supersedeas upon such terms and 
conditions as may seem reasonable and proper. 

1942 (42) 1631. 

§ 14-379. Hearing and decision of circuit court ; costs. 

At the next term of the circuit court or in vacation upon ten days notice 
to the parties the resident presiding judge of the circuit court of the county 
shall proceed to hear and pass upon the appeal. The findings of fact by the 
board of adjustment shall be final and conclusive on the hearing of such appeal. 
In determining the questions presented by the appeal the court shall deter- 
mine only whether the decision of the board of adjustment is correct as a 
matter of law. In the event that the decision of the board of adjustment should 
be reversed by the circuit court the board of adjustment shall be cast with the 
costs and they shall be paid by the county. 

1942 (42) 1631. 

§ 14-380. Appeal to Supreme Court. 

Any party at interest who is aggrieved by the judgment rendered by the 
[2SCCode] — 8 113 



§ 14-381 Code of Laws of South Carolina § 14-384 

circuit court upon such appeal may have it reviewed by appeal in the same 
manner as provided by law for fast bills of exceptions to other judgments, 
orders and decrees of the circuit courts. 
1942 (42) 1631. 

§14-381. Appropriations ; gifts. 

The governing body of the county may appropriate out the general countv 
funds such moneys, otherwise unappropriated, as they may deem fit to finance 
the work of the county planning board and the board of adjustment and to 
enforce the zoning regulations and restrictions which are adopted and mav 
accept grants of money for those purposes from either private or public 
sources, State or Federal. 

1942 (42) 1631. 

§ 14-382. Contempt of planning or adjustment board. 

In case of contempt by any party, witness or other person before either the 
planning board or the board of adjustment, such board may certify such fact 
to the circuit court of the county wherein such contempt occurs and the judge 
of the court, either in term time or vacation, after hearing, may impose such 
penalty as the facts authorize or require. 

1942 (42) 1631. 

§ 14-383. Injunction against violations. 

In case any building or structure is proposed to be erected, constructed, 
reconstructed, altered, maintained or used or any land is proposed to be used 
in violation of this article or of any regulation or amendment thereof enacted 
or adopted by the governing body of the county under the authority granted 
by this article, the governing body of the county, the county attorney or any 
owner of real estate within the district in which such buildings, structure or 
land is situate may, in addition to other remedies provided by law, insti- 
tute an injunction, abatement or any appropriate action or proceeding to pre- 
vent, enjoin, abate or remove such unlawful erection, construction, recon- 
struction, alteration, maintenance or use. 

1942 (42) 1631. 

§ 14-384. Penalties. 

In case any building or structure is erected, constructed, reconstructed, al- 
tered or repaired, converted or maintained or any structure or land is used in 
violation of this article or of any regulations duly made under the authority 
conferred hereby or in the event of the violation by any person of any of the 
provisions of this article, such violation in any respect shall be a misdemeanor 
under the laws of the State and the offender upon conviction shall be punished 
as for a misdemeanor and any court of the county having jurisdiction of mis- 
demeanor cases shall have jurisdiction to try such offenders and upon convic- 
tion to so punish them. Each day that any structure or land is used in viola- 
tion of this article shall constitute a separate offense. 

1942 (42) 1631. 

114 [2SCCode] 



§ 14-391 Counties § 14-395 

Article 2. 
In Certain Other Counties. 

§14-391. When authorized. 

Any county in which there is a sudden influx of large numbers of prospective 
inhabitants may establish a county planning commission in accordance with 
the provisions of this article. 

1951 (47) 85. 

§ 14-392. Appointment ; term ; vacancies. 

Each county planning commission, hereafter referred to as the commission, 
shall consist of three members to be appointed by a majority of the county 
legislative delegation, including the Senator. The members of the commis- 
sion and their successors shall be appointed for a term of two years. If a 
vacancy occurs, otherwise than by expiration of the term, it shall be filled by 
appointment for the unexpired term. 

1951 (47) 85. 

§ 14-393. Same; special provision for Aiken County. 

In Aiken County the county planning commission shall consist of eleven 
members to be appointed by a majority of the county legislative delegation, 
including the Senator, one member to be appointed from each school district 
and two members to be appointed at large. The members of the commission 
and their successors shall be appointed for a term of two years. If a vacancy 
occurs other than by expiration of the term, it shall be filled by appointment 
for the unexpired term. A majority of the board of trustees of each school dis- 
trict may recommend one or more members in their respective school districts 
to the county legislative delegation, including the Senator, for appointment to 
the commission, such recommendation to be made within thirty days after any 
vacancy occurs. 

1951 (47) 85. 

§ 14-394. Salary ; expenses ; appropriations. 

The members of the commission shall receive a salary and, subject to the 
approval of the county legislative delegation, including the Senator, shall be 
reimbursed for reasonable traveling expenses to and from their usual places 
of business to the place of meeting of the commission and other expenses in- 
curred in the performance of their duties as members of the commission. All 
funds necessary for the proper functioning of the commission shall be ap- 
propriated in the county supply act. 

1951 (47) 85. 

§ 14-395. Quorum ; officers ; meetings ; records. 

A majority of the appointed membership of the commission shall constitute 
a quorum. The commission shall elect a chairman from among its members 
for a term of one year and the chairman may be elected to succeed himself. A 

115 



§ 14-396 Code of Laws of South Carolina § 14-399 

secretary shall be appointed from either within or without the membership of 
the commission. The commission shall hold at least two regular meetings 
a year. It shall adopt rules for the transaction of business and shall keep 
a detailed record of its resolutions, transactions, findings and determinations 
and this record shall be public. 
1951 (47) 85. 

§ 14-396. Contract for services. 

The commission may contract with architects, engineers and other con- 
sultants for services which it may require in the performance of its duties, but 
these contracts and services shall first be approved by the county legislative 
delegation, including the Senator. 

1951 (47) 85. 

§ 14-397. Employees ; enforcement of orders and regulations. 

The commission shall appoint administrative officers to enforce the regu- 
lations adopted by it and may call upon the sheriff and other law enforcement 
officers to enforce its rulings, orders and regulations. These officials may 
invoke any legal, equitable or special remedy for the enforcement of these regu- 
lations. The commission may hire other employees which it finds necessary 
in order to function efficiently. All administrative officers appointed and all 
employees hired, including the secretary of the commission, shall be first ap- 
proved by the county legislative delegation, including the Senator. 

1951 (47) 85. 

§14-398. Powers of commission. 

The commission may regulate the height, number of structures and size of 
buildings and other structures, the percentage of lot that may be occupied, 
the size of yards, courts and other open spaces, the density of population and 
the location and use of buildings, structures and land for trade, industry, 
residence or other purposes and may make regulations restricting or prohibit- 
ing the location and use for residential purposes of tents, trailers and portable 
or potentially portable structures. It may make other regulations which it con- 
siders necessary for the orderly, economic and social development of the entire 
county. But any such regulations shall be subject to the approval of the 
city or town legislative body so far as they apply to any area within the cor- 
porate limits of any city or town. 

1951 (47) 85. 

§ 14-399. Division of county into districts. 

The commission may divide the county, or any area within the county, into 
districts of whatever number, shape and area it may consider best to carry out 
the purposes of this article and within these districts it may make any regu- 
lations which it may make for the county as a whole. These regulations shall 
be uniform for each class or kind of buildings throughout each district, but 
they may differ in different districts. 

1951 (47) 85. 

116 



§ 14-399.1 Counties § 14-399.3 

§14-399.1. Master plan; purposes. 

Regulations made by the commission shall be made in accordance with 
a comprehensive master plan and designed to lessen congestion in the streets 
or highways, to secure safety from fire, panic and other dangers, to protect 
health, to provide adequate light and air, to prevent the overcrowding of land, 
to avoid undue concentration of population, to facilitate the adequate provi- 
sion of transportation, water, sewerage, schools, parks and other public re- 
quirements, to insure the orderly, economic and social development of the 
county and for the sake of efficiency and economy in the process of develop- 
ment. 

1951 (47) 85. 

§ 14-399.2. Appeal from act or decision of commission. 

Any person aggrieved by any act or decision of the commission, or its duly 
authorized agents, may appeal to the commission for a hearing. The appeal 
shall be taken within a reasonable time, as provided by the rules of the com- 
mission, by filing with the commission a notice of appeal specifying the 
grounds thereof. An appeal shall stay all proceedings in furtherance of the 
action appealed from unless a stay would, in the opinion of the commission, 
cause permanent peril to life or property. In such case proceedings shall not 
be stayed otherwise than by a restraining order granted by a court of record 
on application after notice to the commission and on due cause shown. The 
commission shall fix a reasonable time for the hearing of the appeal, shall 
give due notice to the parties in interest and shall decide the appeal within a 
reasonable time. Upon the hearing any party may appear in person or by 
agent or by attorney. 

1951 (47) 85. 

§ 14-399.3. Circuit court review of commission decisions. 

Any person aggrieved by a decision of the commission rendered after hear- 
ing may within thirty days after notice thereof file an appeal in the circuit 
court of the county for a review of the decision of the commission. Any 
other party to the proceeding before the commission shall be made a defend- 
ant in this action. The filing of the appeal shall not suspend the decision of 
the commission unless a stay thereof shall be allowed by the judge of the 
court pending final determination of the matter. The petition shall set forth 
the grounds upon which a review is sought and a copy thereof shall be served 
upon a member of the commission or upon a person whom the commission 
may designate. This service shall be considered complete service on all par- 
ties, but there shall be left with the party served as many copies of the peti- 
tion as there are defendants and the commission shall forthwith mail one copy 
to each defendant. With its answer the commission shall certify and file 
with the court all documents and papers and a transcript of all testimony tak- 
en in the matter, together with its findings of fact and decision therein. The 
commission may also certify to the court questions of law involved in any de- 

117 



§ 14-399.4 Code of Laws of South Carolina § 14-399.6 

cision by it. The court shall summarily hear the appeal and make any ap- 
propriate order or decree. 
1951 (47) 85. 

§ 14-399.4. Appeal to Supreme Court. 

An appeal may be taken from the decision of the circuit court to the Su- 
preme Court in the same manner as is provided in civil cases. It shall not be 
necessary in a judicial proceeding under this article to enter exceptions to the 
ruling of the commission and no bond shall be required for entering an appeal. 
Upon the final determination of the judicial proceeding the commission shall 
enter an order in accordance with the determination. 

1951 (47) 85. 

§ 14-399.5. Effect of findings of fact by commission. 

In any judicial proceeding under §§ 14-399.3 or 14-399.4 the findings of the 
commission as to the facts, if supported by evidence and in the absence of 
fraud, shall be conclusive and the jurisdiction of the court shall be confined to 
the questions of law. 

1951 (47) 85. 

§ 14-399.6. Penalties. 

In addition to any other remedy granted herein, the violation of any of the 
provisions of this article or of any regulations adopted pursuant to the pro- 
visions of this article or the occupancy or use of any structure, building, tent, 
trailer or portable or potentially portable structure erected, altered or main- 
tained in violation of this article shall constitute a misdemeanor and any 
such occupancy or use shall be considered a continuing violation and may be 
subject to repeated prosecutions if continued. Every person convicted of a 
misdemeanor by reason of violations of this article, or rules and regulations 
promulgated pursuant thereto, shall be punished by a fine of not more than 
one thousand dollars or by imprisonment for not more than six months. 

1951 (47) 85. 



CHAPTER 9. 
Claims against Counties. 

Sec Sec. 

14-401. Liability for accidents caused by 14-405. "File Book" of claims. 

county vehicles. 14-406. Memorandum in minutes. 

14-401.1. Time for filing such claims and 14-407. Custody of claim. 

instituting suits. 14-408. Special provisions as to "File Book 

14-402. How claims made out and verified. of Claims" for certain counties. 

14-403. Same; exception for Sumter Coun- 14-409. "Classification of Claims Allowed" 

ty. book in certain counties. 

14-404. Same; further oath required of 14-410. Same; Bamberg County. 

clerk, sheriff and magistrates. 14-411. Entries to be made in ink; each 

14-404.1. Claims of certain county officers page to balance. 

and physicians. 14-412. When claims barred. 

118 



§ 14-401 Counties § 14-402 

Sec. Sec. 

14-413. Disallowance of claims on other 14-422. Annual settlement with Comptroller 

grounds. General in such counties. 

14-414. No charges in connection with 14-423. Sections 14-418 to 14-422 inapplica- 

proof of claims. ble to certain obligations. 

14-415. Drawing of orders on county treas- 14-424. Copies of claims approved by coun- 

urer. ty authorities for legislative dele- 

14-416. Unlawful payments; punishment. gation. 

14-417. Statements on warrants as to ap- 14-425. Publication of list of claims audited. 

propriations in certain counties. 14-426. Section 14-425 inapplicable in cer- 

14-418. When appropriation exhausted pay- tain counties. 

ments to stop in certain counties. 14-427. Same; local exception in Clarendon 

14-419. Claims after appropriation exhaust- County. 

ed in such counties. 14-428. Same; local exception in Sumter 

14-420. How designated in succeeding County. 

year's supply act. 14-429. Failure to publish reports. 

14-421. Certified schedule thereof for coun- 14-430. Designation of accounts allowed; 

ty delegation. copies; endorsements. 

§ 14-401. Liability for accidents caused by county vehicles. 

Any person suffering bodily injuries, property damage or death by reason 
of the careless or negligent management or operation of any motor vehicle 
under the control of any county and then engaged in the business of such 
county may recover in any action against the county the actual damages, not 
exceeding four thousand dollars, sustained by reason thereof. No recovery 
may be had hereunder if the plaintiff has brought about such injury, death 
or damage by his negligence or negligently or carelessly contributed thereto 
or if such plaintiff's injury or damage was brought about by the contributory 
negligence of any third person. 

1949 (46) 272. 

Cross reference. — As to when person in- 
jured may sue county for damages to per- 
son or property, see § 16-106. 

§ 14-401.1. Time for filing such claims and instituting suits. 

Before any action shall be brought hereunder a claim, duly certified, shall 
be filed with such county, within three months after the date of such injury 
or damage, or action commenced within such time on a verified complaint. 
If such verified claim be filed within the time herein fixed, action shall be 
commenced within one year from the date of filing thereof or such cause of 
action shall thereafter be barred. 

1949 (46) 72. 

§ 14-402. How claims made out and verified. 

No account shall be audited and ordered to be paid by the governing body 
of any county for any labor performed, fees, services, disbursements or any 
other matter unless it shall be made out in items and accompanied by an affi- 
davit attached thereto and made by the person or officer presenting or 
claiming the same that the items are correct and that the labor, fees, disburse- 
ments, services or other matters charged therein have been in fact done, 
made, rendered or are due and that no part of the same has been paid or satis- 
fied. 

119 



§ 14-403 



Code of Laws of South Carolina 



§ 14-404.1 



1942 Code § 3871; 1932 Code § 3871; Civ. C. '22 § 1112; Civ. C. '12 § 991; Civ. C. '02 
§ 806; G. S. 623; R. S. 691; 1875 (15) 945, 992; 1878 (16) 412; 1879 (17) 175; 1893 (21) 
406. 



The board has no jurisdiction to audit 
and approve a claim, unless it be itemized 
and sworn to. State v. Goodwin, 81 S. C. 
419, 62 S. E. 1100 (1908). 

The action of the board on a claim prop- 
erly presented is an adjudication. State v. 
Goodwin, 81 S. C. 419, 62 S. E. 1100 (1908). 

This section covers a claim for injury to 
an automobile resulting from a defective 
highway, and confers jurisdiction on the 
county board to act judicially in the mat- 
ter when presented to it. DuPre v. Lex- 
ington County, 90 S. C. 180. 73 S. E. 70 
(1911). 

The board cannot review the action of a 
preceding board on a claim. County of 
Richland v. Miller, 16 S. C. 236 (1880): 
State v. Kirby, 17 S. C. 563 (1882). 

A salary fixed by law need not be au- 
dited. State v. Starling, 13 S. C. 262 (1880). 

Nor a certificate for witness fees. — State 
v. Bullock, 54 S. C. 300, 32 S. E. 424 (1898). 

An additional affidavit cures any defect 



in the original verification of the claim. 

Maxwell v. Saluda County, 55 S. C. 382, 
33 S. E. 457 (1898). 

Form of affidavit. — State v. Goodwin. 
81 S. C. 419, 62 S. E. 1100 (1908). 

Method of auditing. — State v. Appleby, 
25 S. C. 100 (1885); Green v. County 
Com'rs, 27 S. C. 9, 2 S. E. 618 (1886); 
Tinsley v. Union County, 40 S. C. 276, 18 
S. E. 794 (1892). 

Applied in Greenville County v. Green- 
ville, 84 S. C. 410, 66 S. E. 417 (1908). 

Quoted in County of Richland v. Ameri- 
can Surety Co. of New York, 92 S. C. 329, 
75 S. E. 549 (1911) ; Best v. Barnwell Coun- 
ty, 114 S. C. 123, 103 S. E. 479 (1919); 
Bank of McCormick v. McCormick County, 
114 S. C. 469, 103 S. E. 787 (1919). 

Cited in Ross v. Pickens County, 146 S. 
C. 24, 143 S. E. 366 (1925) ; Bryan v. Au- 
diting Board of Williamsburg County, 94 
S. C. 43, 77 S. E. 736 (1912). 



§ 14-403. Same; exception for Sumter County. 

In Sumter County when proper invoices are filed and the claims properly 
approved by the county board of commissioners, the affidavit provided for in 
§ 14-402 shall not be required. 

1950 (46) 1968. 

§ 14-404. Same; further oath required of clerk, sheriff and magistrates. 

When any such account is filed by a clerk of the court, sheriff or magistrate 

the officer filing the claim shall declare further on oath that the costs in the case 

out of which the claim arises have not been recovered out of the defendants 

and that the defendants are unable to pay costs ; and also that the fines and 

penalties theretofore collected by them have been faithfully and fully paid 

over to the county treasurer. In every case the magistrate shall exhibit the 

original papers in which costs have accrued. 

1942 Code § 3871; 1932 Code § 3871; Civ. C. '22 § 1112; Civ. C. '12 § 991; Civ. C. '02 
§ 806; G. S. 623; R. S. 691; 1875 (15) 945, 992; 1878 (16) 412; 1879 (17) 175; 1893 (21) 
406. 

§ 14-404.1. Claims of certain county officers and physicians. 

The accounts of the coroners, sheriffs and supervisors and physicians' or 
surgeons' fees for post mortems shall be approved by the governing body of 
the county and the supervisor, on their approval, shall draw an order upon 
the county treasurer for the payment of such accounts, countersigned by the 
secretary of the governing body. 



120 



§ 14-405 Counties § 14-408 

1942 Code §3861; 1932 Code §3861; Civ. C. '22 §1102; Civ. C. '12 §981; Civ. C. '02 
§ 796: R. S. 678; 1893 (21) 489; 1899 (23) 10. 

Stated in State v. Bullock, 54 S. C. 300, 
32 S. E. 424 (1899). 

§ 14-405. "File Book" of claims. 

The governing body of each county shall keep in its office a "File Book" 

in which all claims presented for their consideration shall be entered by their 

clerk, the entry designating the date of filing, by whom presented, to whom 

such claim belongs and the character and amount thereof. The clerk shall 

number such claims in the order in which they are filed, audited and allowed 

from number one upwards. 

1942 Code § 3872; 1932 Code § 3872; Civ. C. '22 § 1113; Civ. C. '12 § 992; Civ. C. '02 
§ 807; G. S. 624; R. S. 692; 1875 (25) 993; 1882 (17) 891. 

§ 14-406. Memorandum in minutes. 

A memorandum of the time of presenting such claims and the names of the 

persons in whose favor they are made out and by whom presented shall be 

entered in the minutes of the governing body. 

1942 Code § 3872; 1932 Code § 3872; Civ. C. '22 § 1113; Civ. C. '12 § 992; Civ. C. '02 
§ 807; G. S. 624; R. S. 692; 1875 (25) 993; 1882 (17) 891. 

§ 14-407. Custody of claim. 

No account when presented, audited and ordered to be paid shall be with- 
drawn from the custody of the governing body or their clerk for any purpose 
whatever, except to be used in evidence upon a judicial trial or proceeding, 
in which case it shall, after being, so used, be forthwith returned to such 
custody. 

1942 Code § 3872; 1932 Code § 3872; Civ. C. '22 § 1113; Civ. C. '12 § 992; Civ. C. '02 
§ 807; G. S. 624; R. S. 692; 1875 (25) 993; 1882 (17) 891. 

§ 14-408. Special provisions as to "File Book of Claims" for certain counties. 
The governing bodies of the counties of Abbeville and Orangeburg, the 
county supervisors of the counties of Bamberg, Greenville and Nezvberry and the 
bookkeeper of Union County shall keep a book called the "File Book of Claims," 
in which shall be entered all claims as presented. This book shall be printed 
and ruled with appropriate columns, showing: (1) claim number; (2) date of 
filing; (3) by whom presented; (4) to whom claim belongs; (5) nature of 
claim; (6) date of action; (7) amount of claim; (8) amount allowed; (9) 
amount disallowed; (10) item number in supply act to which chargeable; 
and (11) remarks, except that in Bamberg County items (3) and (6) of the 
foregoing tabulation may be omitted. The number of the claim shall not be 
entered upon the book until the claim shall have been allowed and entered on 
the "Claims Classification Book,'' hereinafter provided for, and shall then be 
made to conform to the number thereon. A separate claim must be filed for 
each account chargeable to any particular item in the county supply act or 
to any subdivision thereof. The principal of each note for money borrowed in 
anticipation of the collection of taxes shall be paid directly by the count)' 

121 

BUREAU OF PUBLIC AD AINI3TRATIQIN 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



§ 14-409 Code of Laws of South Carolina § 14-410 

treasurer, the treasurer holding such note as his voucher for the principal 

thereof and the lender filing claims with the supervisor in the usual form for 

the interest, but not for principal, except when a specific appropriation shall have 

been made for the payment of a particular note. 

1942 Code §§3885, 3972, 4413, 4645, 4710, 4834; 1932 Code §§3885, 3972, 4413, 4645, 
4710, 4835; Civ. C. '22 §§ 1125, 1191, 1568, 1789, 1849, 1953; Civ. C. '12 § 1054; 1910 (26) 
729; 1912 (27) 643, 731; 1915 (29) 562; 1916 (29) 841; 1917 (30) 230. 

§ 14-409. "Classification of Claims Allowed" book in certain counties. 

The county supervisors of the counties of Greenville and Newberry, the 
bookkeeper of Union County and the governing bodies of Abbeville and Orange- 
burg Counties shall keep a book called "Classification of Claims Allowed," in 
which shall be entered all claims allowed, in numerical order. This book shall 
be printed and ruled with appropriate columns, showing: (1) line number; 
(2) claim number; (3) warrant number; (4) item number in supply act to 
which chargeable; (5) claimant; (6) nature of claim; (7) amount allowed; 
(8) amount paid ; (9) date paid ; (10) amount unpaid ; (11) columns headed and 
numbered, "Item Number 1" and upward, with a tabulated statement at the 
head of each column showing: (a) The amount of the appropriation made for 
the particular item ; (b) the amount of claims allowed to date chargeable to 
such item; and (c) the balance of the appropriation subject to future claims 
which may be allowed, or the balance of over allowed; and (12) total. With 
similar tabulation, within the first ten days of each and every month, such 
county supervisors or governing bodies shall publish one time in a newspaper 
of the county, selected by him or them as calculated to give full publicity 
thereto, a statement, under his or their hands, attested by the clerk of the 
governing body of the county, and approved by the county auditor, showing 
the exact financial condition of each item at the end of the preceding month, 
as the same may appear from this book, subdivision 11, briefly describing the 
item by title as in the county supply act. The advertising charges therefor 
shall not exceed four dollars for each insertion in Greenville, Newberry, Orange- 
burg and Union Counties and twenty-five cents per inch for each insertion in 
Abbeville County. 

1942 Code §§ 3886, 4414, 4646, 4711, 4835; 1932 Code §§ 3886, 4414, 4646, 4711, 4835; 
Civ. C. '22 §§ 1126, 1569, 1790, 1850, 1953; Civ. C. '12 § 1055; 1910 (26) 729; 1912 (27) 
643, 731; 1915 (29) 562; 1916 (29) 841; 1935 (39) 18. 

§14-410. Same; Bamberg County. 

The county supervisor of Bamberg County shall keep a book called "Classifi- 
cation of Claims Allowed," in which shall be entered all claims allowed, in 
numerical order. This book shall be printed and ruled with appropriate col- 
umns, showing: (1) number of claim; (2) when presented; (3) in whose 
favor; (4) nature of claim; (5) warrant number; (6) amount claimed; (7) 
amount disallowed; (8) amount allowed; (9) columns headed as in the county 
supply act for Bamberg County, with a statement of the amount appropriated, 
the balance of the amount appropriated subject to future claims which may 
be allowed or the r/alance over allowed for each of such items in the county 
supply act, at the head of each column ; and (10) total. Under subdivision (9) 

122 



§ 14-411 Counties § 14-412 

above, for the item "Roads and Bridges" in the county supply act, there shall 
be five subdivisions, or distributions, as follows: (a) repairs to roads; (b) 
lumber, terra cotta, etc.; (c) machinery, tools, etc.; (d) stables (which shall 
include stock, stock feed and harness) ; and (e) convict maintenance (this item 
to include only convict food, clothing and guarding salaries). 

Within the first ten days of each and every month the county supervisor 
shall publish once in a newspaper of the county, selected by him as calculated 
to give full publicity thereto, a statement under his hand, attested by the clerk 
of the governing body of the county and approved by the county auditor, 
showing the exact financial condition of each item at the end of the preceding 
month, as the same may appear from this book, subdivision (9), briefly de- 
scribing the item by title as in the county supply act. The advertising 
charges therefor shall not exceed two dollars for each insertion. 

1942 Code § 3973; 1932 Code § 3973; Civ. C. '22 § 1192; 1917 (30) 230. 

§ 14-411. Entries to be made in ink; each page to balance. 

In Abbeville, Bamberg, Greenville, Orangeburg and Union Counties all entries, 
footings and amounts carried forward in the books provided for in §§ 14-408 to 
14-410 shall be made in ink and each page shall show perfect balancing of all col- 
umnar additions and of all footings carried forward. 

1942 Code §§ 3888, 3974, 4177. 4425, 4713. 4844; 1932 Code §§ 3888, 3974, 4177, 4425, 
4713, 4844; Civ. C. § '22 §§ 1128, 1193, 1298, 1580, 1852. 1964; Civ. C. '12 § 1066: 1910 
(26) 735; 1912 (27) 643; 1915 (29) 562; 1916 (29) 841; 1917 (30) 230; 1918 (30) 687. 

§ 14-412. When claims barred. 

No claim against any county of this State shall be valid and payable unless 
the same be presented to and filed with the governing body of such county 
during the fiscal year in which it is contracted or the next thereafter, and all 
claims not so presented and filed shall be barred. No claim audited and al- 
lowed by the governing body or clerk of court for fees of witnesses and jurors 
shall be paid by the county treasurer unless it is presented to him for payment 
within five years from the date it is audited and allowed. This provision shall 
not affect the law as to the bonded debt of any county. 

1942 Code § 3873; 1932 Code § 3873; Civ. C. '22 § 1114; Civ. C. '12 § 993; Civ. C. '02 
§ 808; G. S. 625; R. S. 693; 1898 (22) 737. 

The validity of this section has never of the General Assembly for the reason 

been questioned. Gillespie v. Pickens Coun- that administrative officers are bound by 

ty, 197 S. C. 217, 14 S. E. (2d) 900 (1941). such an act until it has been judicially de- 

The claim must show the year in which clared unconstitutional. Senn v. Spartan- 
it arose. State v. Goodwin, 81 S. C. 419. burg County, 192 S. C. 489, 7 S. E. (2d) 
62 S. E. 1100 (1908). 454 (1937); Salley v. McCoy, 182 S. C. 249, 

A claim against a county for the expenses 189 S. E. 196 (1936). 

of a trial is not barred if presented within Applied in State v. Bullock, 54 S. C. 300, 

the next year after the completion of the 32 S. E. 424 (1898). 

trial. Colleton County v. Hampton Coun- Quoted in Bank of McCormick v. Mc- 

ty, 52 S. C. 589, 30 S. E. 4S4 (1898). Cormick County, 114 S. C. 469, 10 S. E. 

The statutes relating to filing claims with 787 (1919). 

the county board do not apply to claims Cited in Greenville County v. Greenville, 

based on the unconstitutionality of an act 84 S. C. 410, 66 S. E. 417 (1908). 



123 



§ 14-413 Code of Laws of South Carolina § 14-415 

§ 14-413. Disallowance of claims on other grounds. 

Nothing in this chapter shall be construed to prevent the governing body of 

any county from disallowing any account, in whole or in part, when so rendered 

and verified, if it appears that the charges are incorrect or that the services or 

disbursements have not, in fact, been made or rendered, nor from requiring any 

other or further evidence of the truth or propriety thereof. No allowance or 

payment beyond legal claims shall ever be allowed. And the governing body 

of the county may refuse to audit or allow any claim or demand whatsoever 

unless made out and verified in the manner herein specified. 

1942 Code § 3871; 1932 Code § 3871; Civ. C. '22 § 1112; Civ. C. '12 § 991; Civ. C. '02 
§ 806; G. S. 623; R. S. 691; 1875 (15) 945, 992; 1878 (16) 412; 1879 (17) 175; 1893 (21) 
406. 

The provision for requiring further evi- board of commissioners to issue him a sal- 

dence is merely permissive and not manda- ary warrant for the unpaid balance of his 

tory. Green v. County Com'rs, 27 S. C. 9, salary, the court rejected the interposed de- 

2 S. E. 618 (1886); Tinsley v. Union Coun- fense that all funds in the hands of the 

ty, 40 S. C. 276, 18 S. E. 794 (1892). county treasurer had been appropriated for 

Mandamus will not lie to compel the certain purposes other than the payment of 

county supervisor to draw his warrant petitioner's claim, and to pay said claim 

against the county treasurer for indebted- would be in violation of this section, by 

ness contracted in a previous fiscal year, holding that a permanent continuing stat- 

especially when the county treasurer is ute fixing the salary of a public officer, as 

without funds to pay such claim, nor to in this case, amounts to an appropriation, 

require such officer to levy a special tax to and it is the obvious ministerial duty of 

pay such claim. State v. Goodwin, 81 S. the proper officers to pay the salary, and 

C. 419, 62 S. E. 1100 (1908). the only defense is that there are no funds 

No defense that funds not applicable to in the treasury; the defense that there are 

salary fixed by statute. — In a proceeding in none applicable to this claim is insufficient, 

mandamus by the county treasurer to re- Smith v. Ashmore, 184 S. C. 316, 192 S. E. 

quire the county supervisor and the county 565 (1937). 

§ 14-414. No charges in connection with proof of claims. 

No fees shall be paid by the governing body of any county for the proof 

of any claim presented to them. All public officers are required to probate 

without compensation all claims against their respective counties. 

1942 Code § 3871; 1932 Code § 3871; Civ. C. '22 § 1112; Civ. C. '12 § 991; Civ. C '02 
§ 806; G. S. 623; R. S. 691; 1875 (15) 945, 992; 1878 (16) 412; 1879 (17) 175; 1893 (21) 
406. 

§ 14-415. Drawing of orders on county treasurer. 

The county supervisor shall draw orders on the county treasurer, under the 
seal of the supervisor, countersigned by the secretary or clerk of the governing 
body of the county for all accounts against the county which the governing 
body has allowed, but he shall draw no orders until after the monthly report 
of the treasurer has been received by the governing body, nor unless he has 
reported that there are funds in the treasury to pay the same. The county 
supervisor shall inform the county treasurer of the orders drawn, in whose 
favor, the amount and the order in which they are drawn. 

1942 Code § 3874; 1932 Code § 3874; Civ. C. '22 § 1115; Civ. C. '12 § 994; Civ. C. '02 
§ 809; G. S. 626; R. S. 694; 1878 (16) 364; 1939 (41) 553; 1940 (41) 1790, 1791. 

124 



§ 14-416 Counties § 14-419 

Cross references. — As to authority to is- issuing certificates of indebtedness or draw- 
sue certificates of indebtedness, see § 14- ing certain checks, see § 1-761. 
501. As to prohibition against State officers 

§ 14-416. Unlawful payments; punishment. 

It shall not be lawful for any county treasurer to pay an order of the 

governing body of the county unless drawn in conformity with § 14-415. 

The Comptroller General, in case of any violation of the provisions of said 

section which may come or be brought to his notice, shall report the offender 

to the Attorney General for prosecution and to the Governor for dismissal. 

1942 Code § 3874; 1932 Code § 3874; Civ. C. '22 § 1115; Civ. C. '12 § 994; Civ. C. '02 
§ 809; G. S. 626; R. S. 694; 1878 (16) 364; 1939 (41) 553; 1940 (41) 1790, 1791. 

Cross references. — As to authority to is- suing certificates of indebtedness or draw- 
sue certificates of indebtedness, see § 14-501. ing certain checks, see § 1-761. 
As to prohibition against State officers is- 

§ 14-417. Statements on warrants as to appropriations in certain counties. 

The governing body of Abbeville County and the supervisors of Bamberg, 

Nezvberry and Union Counties shall state upon each warrant drawn by them 

upon the county treasurer the item of the appropriation in the county supply 

act on account of which it shall have been drawn. They shall also, in a 

tabulated form upon such warrant, state the amount of such appropriation, 

the amount theretofore drawn against it, the amount of the warrant then drawn 

and the balance against which future warrants may be drawn. No warrant 

shall be paid by the county treasurer or be allowed as a credit to him in his 

settlement unless it conforms with this requirement. 

1942 Code §§ 3890, 3976, 4650, 4820; 1932 Code §§ 3890, 3976, 4650, 4824; Civ. C. '22 
§§ 1130, 1195, 1794, 1966; 1912 (27) 643, 731; 1916 (29) 841; 1917 (30) 230; 1927 (35) 233. 

§ 14-418. When appropriation exhausted payments to stop in certain counties. 
Whenever in Abbeville, Bamberg, Newberry, Orangeburg or Union County 
the appropriation for any specific item of county expenses, as provided 
for in the county supply act of any year, shall have been exhausted by war- 
rants of the governing body or supervisor of the county upon the county treas- 
urer the payment of further claims chargeable to the account of such item 
shall be immediately suspended. 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715, 4845; 
Civ. C. '22 §§ 1131, 1196, 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

§ 14-419. Claims after appropriation exhausted in such counties. 

Such claims in excess of the appropriation, after having been audited, al- 
lowed and entered upon the book of "Classifications of Claims Allowed" for 
the year to which they belong, shall be (a) transferred in red ink to the same 
book for the succeeding year, (b) numbered with the claims for that year, (c) 
endorsed with such number in red ink, (d) distributed as to amounts in the 
item column for past indebtedness and (e) entered "Past Indebtedness of 

19. . ., No " in the column headed "Nature of Claim." Upon the book 

125 



§ 14-420 Code of Laws of South Carolina § 14-423 

from which the claim shall have been transferred, opposite the claim, shall be 

noted "Transferred to 19. . ., No " 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715. 4845; 
Civ. C. '22 §§ 1131, 1196, 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

§ 14-420. How designated in succeeding year's supply act. 

In the county supply act for the succeeding year these claims shall be pro- 
vided for by an appropriation in the item "Past Indebtedness Claims'' in which 
they shall be classified by numbers, nature and amount. 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715, 4845; 
Civ. C. '22 §§ 1131, 1196. 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

§ 14-421. Certified schedule thereof for county delegation. 

A certified schedule of these claims, itemized and classified, shall be fur- 
nished by the county supervisor or, in the case of Orangeburg County, the 
governing body of the county to the county legislative delegation during the 
first week in January of every year. 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715, 4845; 
Civ. C. '22 §§ 1131, 1196, 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

§ 14-422. Annual settlement with Comptroller General in such counties. 

At the annual settlement with the Comptroller General all cash balances to 
the credit of the revenue of the county for all county purposes in Abbeville, 
Bamberg, Newberry, Orangeburg and Union Counties and all uncollected 
assets for the fiscal year to which such past indebtedness claims belong 
shall be passed to credit of the revenue of the county for all county purposes 
for the fiscal year to which such past indebtedness claims shall have been trans- 
ferred to the extent, in the case of Abbeville, Newberry, Orangeburg and 
Union Counties, of the amount of the same and of any other indebtedness 
of the preceding year provided for in the budget for the succeeding year. 
The balance, if any, shall, in Abbeville, Neivberry, Orangeburg and 
Union Counties, be deposited by the county treasurer in some reliable savings 
institution, at interest, for the purpose of accumulating a fund with which to 
put the county upon a cash basis. 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715, 4845; 
Civ. C. '22 §§ 1131, 1196, 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

§ 14-423. Sections 14-418 to 14-422 inapplicable to certain obligations. 

The provisions of §§ 14-418 to 14-422 shall not apply to obligations incurred 

in violation of §§ 14-724, 14-911, 14-2978, 14-3097 or 14-3453 but shall apply 

only to such obligations of the county as are not within the control of the 

supervisor or governing body of the county. 

1942 Code §§3892, 3977, 4651, 4715, 4845; 1932 Code §§3892, 3977, 4651, 4715, 4845; 
Civ. C. '22 §§ 1131, 1196, 1795, 1854, 1967; Civ. C. '12 § 1094; 1912 (27) 643, 731; 1915 (29) 
562; 1916 (29) 841; 1917 (30) 230. 

126 



§ 14-424 Counties § 14-427 

§ 14-424. Copies of claims approved by county authorities for legislative dele- 
gation. 
The county supervisor or the governing body of each county in this State 
shall have a duplicate of each claim approved by the county supervisor or by 
the governing body of the county for each fiscal year. Such duplicate copy 
shall show the township from which it originates and be for the use of the 
Senators and members of the House of Representatives of the respective coun- 
ties. They shall be made as the different transactions occur in the different 
offices of the county supervisor or governing body of the county and shall be 
delivered on demand to the Senator or any of the members of the House of 
Representatives for any such county upon their receipt for the same, provided, 
that at the beginning of each fiscal year the Senator or some member of the 
House of Representatives shall give notice that such duplicate copy is required 
of them for his use or for the use of the legislative delegation from such county. 

1942 Code § 3828; 1932 Code § 3828; Civ. C. '22 § 1072; Civ. C. '12 § 953; Civ. C. '02 
§ 770; 1898 (22) 735. 

§ 14-425. Publication of list of claims audited. 

The county supervisors shall publish in some newspaper published in their 
respective counties, at least in one issue thereof and within fifteen days after 
each meeting of the governing body of the county at which claims are audited, 
a full statement of the claims audited by such governing body at its meeting 
immediately preceding such publication. The statement shall show, as pub- 
lished, the file number of the claim, the amount claimed, the amount allowed. 
the nature of the claim or service rendered and the name of the claimant. 
Such publication shall be paid for at the rate now allowed by law for public 
printing, provided the same does not exceed sixty dollars per annum. 

1942 Code § 3827; 1932 Code § 3827; Civ. C. '22 § 1067; Civ. C. '12 § 951; 1907 (25) 
634; 1910 (26) 631; 1916 (29) 808; 1920 (31) 866; 1921 (32) 48; 1933 (38) 92. 

Applied in State v. Burley, 80 S. C. 127, 
61 S. E. 255 (1907). 

§ 14-426. Section 14-425 inapplicable in certain counties. 

The provisions of § 14-425 shall not apply to the counties of Anderson, 
Bamberg, Barnwell, Berkeley, Charleston, Cherokee, Chester, Chesterfield, George- 
town, Greenville, Greenwood, Hampton, Horry, Jasper, Kershaw, Lancaster, Lau- 
rens, Lee, Lexington, Marion, Marlboro, Oconee, Pickens, Spartanburg, Union and 
York. 

1942 Code § 3827; 1932 Code § 3827; Civ. C. "22 § 1067; Civ. C. '12 § 951; 1907 (25) 
634; 1910 (26) 631; 1916 (29) 808; 1920 (31) 866; 1921 (32) 48; 1933 (38) 92. 

§ 14-427. Same; local exception in Clarendon County. 

In lieu of the publication in a newspaper by the supervisor of Clarendon 
County of the expenditures by the governing body of said county he shall pre- 
pare, at least quarterly, complete statements of such expenditures in type- 
written and clearly legible form and post the same before the court house door 
where each shall remain until the similar succeeding statement is so posted. 

127 



§ 14-428 Code of Laws of South Carolina § 14-430 

Such statements shall be prepared and posted at monthly, bi-monthly or 
quarterly intervals as may be most convenient to the supervisor and govern- 
ing body. Each such statement shall be verified by the oath of the supervisor, 
attested by the clerk of the governing body, and must clearly state the exact 
period which it covers. 

1942 Code § 3827; 1932 Code § 3827; Civ. C. '22 § 1067; Civ. C. '12 § 951; 1907 (25) 
634; 1910 (26) 631; 1916 (29) 808; 1920 (31) 866; 1921 (32) 48; 1933 (38) 92. 

§ 14-428. Same; local exception in Sumter County. 

In Sumter County the statement required to be published by § 14-425 shall 

be published in only one newspaper to be selected monthly by the governing 

body of the county, and in publishing said statement the file number shall be 

omitted. 

1942 Code § 3827; 1932 Code § 3827; Civ. C. '22 § 1067; Civ. C. '12 § 951; 1907 (25) 
634; 1910 (26) 631; 1916 (29) 808; 1920 (31) 866; 1921 (32) 48; 1933 (38) 92. 

§ 14-429. Failure to publish reports. 

The failure of any supervisor or of the governing body of any county to 
publish the quarterly reports required by § 14-425 shall be a misdemeanor, 
punishable by fine or imprisonment or both, within the discretion of the court. 

1942 Code § 3827-1; 1932 Code § 1586; Cr. C. '22 § 541; Cr. C. '12 § 594; 1902 (23) 983. 

§ 14-430. Designation of accounts allowed; copies; endorsements. 

The county supervisor shall designate every account upon which any sum 

shall be audited and allowed by the board, the amount so audited and allowed 

and the charges for which the same was allowed. He shall also deliver to any 

person who may desire it a certified copy of any account on file in his office 

on receiving from such person ten cents for every folio of one hundred words 

contained in such copy. And the supervisor shall endorse on every account 

allowed and ordered to be paid words indicating that it has been audited above 

the signature of the county supervisor. 

1942 Code § 3875; 1932 Code § 3875; Civ. C. '22 § 1116; Civ. C. '12 § 995; Civ. C. '02 
§ 810; G. S. 629; R. S. 695; 1875 (15) 994. 



CHAPTER 10. 
Borrowing in Anticipation of Taxes in Certain Counties. 

Sec. Sec. 

14-451. Supervisor may borrow in certain 14-456. Same; Greenville County. 

counties. 14-457. Same; Chesterfield County. 

14-452. Same; special provision for Chester- 14-458. Form of obligation. 

field County. 14-459. Same; loans under §14-453. 

14-453. Same; governing body to have au- 14-460. Money to be paid to treasurer. 

thority in certain counties. 14-461. Duty of supervisor and treasurer. 

14-454. Same; advertisement, etc., in Abbe- 14-462. "Bills Payable" book. 

ville and Clarendon Counties. 14-463. How books to be kept. 

14-455. Same; competitive bidding required 14-464. Borrowing in Charleston County. 

in Georgetown County. 14-465. Borrowing in Orangeburg County. 

128 



§ 14-451 Counties § 14-454 

Sec. Sec. 

14-466. Borrowing by Kershaw County for 14-469. Borrowing by governing body in 

purposes covered by appropria- Union County. 

tions. 14-470. Blank. 

14-467. Borrowing in Lancaster County. 14-471. Borrowing in Abbeville County for 
14-468. Borrowing in Spartanburg County. retiring bonds. 

§ 14-451. Supervisor may borrow in certain counties. 

The county supervisor, with the approval of the governing body, in each of 
the counties of Abbeville, Anderson, Berkeley, Cherokee, Chesterfield, Clarendon, 
Edgefield, Greenville, Greenwood, Hampton, Laurens, Pickens, Richland and Wil- 
liamsburg and the person appointed pursuant to § 14-3407 to perform the duties 
of supervisor in Sumter County, with the approval of the governing body of 
said county, may, for any fiscal year, borrow, upon the faith and credit of the 
county, a sufficient sum or sums of money to pay, in advance of the collection 
of taxes therefor, ordinary county expenses, school claims and past due claims 
against the county and, as security for the repayment of such loans with in- 
terest, may pledge the taxes to be collected and applicable to the claims for the 
payment of which such money shall have been borrowed. But the amount 
borrowed in any year for any of such purposes shall not exceed the tax levy 
therefor for that year, and the rate of interest shall not exceed seven per cent 
per annum. 

1942 Code § 3881; 1932 Code § 3881; Civ. C. '22 § 1122; Civ. C. '12 § 1001; Civ. C. '02 
§§ 816, 817: 1894 (211 794; 1903 (23) 28; 1904 (23) 392; 1905 (24) 416, 833; 1911 (27) 53; 
1913 (28) 27; 1914 (28) 502; 1915 (29) 95; 1916 (29) 734: 1925 (34) 173; 1930 (36) 1180. 

§ 14-452. Same; special provision for Chesterfield County. 

In Chesterfield County any loan that may be made to said county shall be 

approved by the county treasurer and the supervisor and county treasurer 

shall jointly execute the note or notes for such money borrowed and the amount 

borrowed shall not exceed for any one year in the aggregate twenty-five 

thousand dollars. 

1942 Code § 3881; 1932 Code § 3881; Civ. C. '22 § 1122; Civ. C. '12 § 1001; Civ. C. '02 
§§ 816. 817: 1894 (21) 794: 1903 (24) 28; 1904 (24) 392; 1905 (24) 416, 833; 1911 (27) 53: 
1913 (28) 27: 1914 (28) 502: 1915 (29) 95; 1916 (29) 734; 1925 (34) 173; 1930 (36) 1180. 

§ 14-453. Same; governing body to have authority in certain counties. 

In the counties of Allendale, Chester, Georgetown, Horry and Lee the governing 
bodies of the counties shall have the authority to borrow conferred by § 4-451 
upon the county supervisors of certain other counties ; but such governing body 
of Allendale County shall act thereunder only after securing the written ap- 
proval of the legislative delegation of Allendale County. 

1942 Code §§3881, 3949, 4125, 4373, 4491, 4577; 1932 Code §§3881, 3949, 4125, 4373, 
4577; Civ. C. '22 §§1122. 1368, 1545; Civ. C. '12 §1001; Civ. C. '02 §§816, 817; 1894 (21) 
794; 1903 (24) 28: 1904 (24) 392; 1905 (24) 416, 833; 1911 (27) 53; 1913 (28) 27; 1914 
(28) 502; 1915 (29) 95: 1916 (29) 734; 851; 1920 (31) 816. 1096: 1925 (34) 173; 1926 (34) 
906: 1928 (35) 1239; 1930 (36) 1180; 1931 (37) 351; 1936 (36) 1609; 1937 (40) 412; 1938 
(40) 1632; 1940 (41) 1873. 

§14-454. Same; advertisement, etc., in Abbeville and Clarendon Counties. 
Should the governing body of Abbeville County or Clarendon County find it 
[2 SC Code]— 9 129 



§ 14-455 Code of Laws of South Carolina § 14-457 

necessary to borrow money for any year for county expenses in advance 

of the collection of taxes therefor they shall insert an advertisement in a 

county and state newspaper for at least three weeks in at least three issues 

thereof, setting forth the amount wanted and when the same will be repaid and 

asking for competitive bids on terms and the rate of interest. All money so 

borrowed shall be at the best terms and lowest rate of interest the governing 

body can get. But the provisions hereof as to advertisement by the governing 

body of Abbeville County may be waived by a majority of the Abbeville County 

legislative delegation. 

1942 Code §§ 3898, 4181; 1932 Code §§ 3898, 4181; Civ. C. '22 §§ 1137, 1302; 1916 (29) 
841; 1918 (30) 687; 1935 (39) 17. 

§ 14-455. Same ; competitive bidding required in Georgetown County. 

Should the governing body of Georgetown County find it necessary to bor- 
row money for any fiscal year for the county in advance of the collection of 
taxes therefor, as provided and authorized by law, they shall set forth in writ- 
ing the amount wanted and when the same will be paid and require competi- 
tive bids on terms and the rate of interest. All money borrowed shall be at 
the best terms and at the lowest rate of interest the governing body can get. 
The governing body may, early in each year, in the same manner and on the 
same terms as hereinabove provided, borrow sufficient money to meet the 
needs of the county, based on the average monthly expenditure of the previous 
year and may make such expenditure. 

1942 Code § 4395; 1932 Code § 4395: 1925 (34) 216; 1931 (37) 88. 

§ 14-456. Same; Greenville County. 

Such loans for Greenville County shall be negotiated by the county treasurer 

with such bank or banks in the city of Greenville, of approved responsibility, 

as may offer the most favorable terms upon competitive bids, after thirty days' 

advertisement. The proposals shall be upon such terms and conditions as 

may be determined by the county treasurer upon consultation with the county 

supervisor. The notes therefor shall contain an option in favor of the county 

to pay the same at any time before maturity, with interest to date of payment. 

And the county treasurer, as he may be in funds applicable thereto, shall pay 

the same. Notwithstanding the provisions of § 14-451 no part of the money 

so borrowed in Greenville County shall be applied to the payment of past due 

claims against the county. 

1942 Code §§ 38S1, 4422; 1932 Code §§ 3881, 4422; Civ. C. '22 §§ 1122, 1577; Civ. C. 
'12 §§ 1001, 1063; Civ. C. '02 §§ 816, 817; 1894 (21) 794; 1903 (23) 28; 1904 (23) 392; 
1905 (24) 416, 833; 1910 (26) 734; 1911 (27) 53; 1913 (28) 27; 1914 (28) 502; 1915 (29) 
95; 1916 (29) 734; 1925 (34) 173; 1930 (36) 1180. 

§ 14-457. Same; Chesterfield County. 

The governing body of Chesterfield County may borrow money from year 
to year to pay current expenses, including ordinary expenses, and ex- 
penses for road and bridge building and may pledge the taxes of the county 
to secure the same with the consent of the county legislative delegation. 

130 [2SCCode] 



§ 14-458 Counties § 14-460 

1942 Code § 4147; 1932 Code § 4147; Civ. C. '22 § 1391; 1916 (29) 734, 853; 1918 (30) 
864; 1919 (31) 192; 1920 (31) 1034. 

§ 14-458. Form of obligation. 

The obligation for the repayment of any loan made pursuant to the provi- 
sions of § 14-451 shall be substantially in the following form: 

$ 

OFFICE OF COUNTY SUPERVISOR 

County, S. C. 

S. C, 19 . . . 

On or before the .... day of , 19. . ., the county of 

promises to pay to or order the sum of dollars. 

with interest at per cent per annum from money borrowed 

to pay (here insert the purposes of loan) for the fiscal year beginning January 
1, 19. . . ., under authority of § 14-451 of the Code of South Carolina. To se- 
cure the payment of said sum and interest the taxes of said county to be col- 
lected and applicable to claims for the payment of which this money is bor- 
rowed as aforesaid for the said fiscal year are hereby pledged to the payee 
hereof or order. 

Witness the hand and official seal of the county supervisor of said county, 
attested by the clerk of the board, the day and year first above written. 
Attested by (Seal.) 

• ....> •... 

Secretary of Board. Supervisor of County. 

Countersigned by 

Treasurer of County. 

An obligation substantially in the above form shall constitute a valid debt 
against the county so borrowing and shall be a prior and preferred lien upon 
the taxes pledged for the payment thereof. 

1942 Code § 3881; 1932 Code § 3881; Civ. C. '22 § 1122; Civ. C. '12 § 1001; Civ. C. '02 
§§ 816, 817; 1894 (21) 794; 1903 (23) 28; 1904 (23) 392; 1905 (24) 416, 833; 1911 (27) 53; 
1913 (28) 27; 1914 (28) 502; 1915 (29) 95; 1916 (29) 734; 1925 (34) 173; 1930 (36) 1180. 

§ 14-459. Same ; loans under § 14-453. 

The obligation for the repayment of any loan made pursuant to the provi- 
sions of § 14-453 shall conform substantially to the form prescribed in § 14-458 
but shall be executed by the chairman of the governing body in lieu of the 
county supervisor and in Allendale County shall be executed also by the clerk 
of the governing body, the Senator and a member of the House of Represent- 
atives from the county. 

1942 Code §§3949, 4125, 4373, 4491, 4577; 1932 Code §§3949, 4125, 4373, 4577; Civ. C. 
'22 §§1368, 1545; 1916 (29) 851; 1920 (31) 816, 1096; 1926 (34) 906; 1928 (35) 1239; 1931 
(37) 351; 1936 (39) 1609; 1937 (40) 412; 1938 (40) 1632; 1940 (41) 1873. 

§ 14-460. Money to be paid to treasurer. 

The money so borrowed shall be paid by the lender to the treasurer of the 
county for whose benefit it is borrowed. The treasurer shall thereupon coun- 

131 



§ 14-461 Code of Laws of South Carolina § 14-464 

tersign the obligation, and his signature thereto shall be deemed sufficient evi- 
dence of the receipt of the money by him. 

1942 Code § 3883; 1932 Code § 3883; Civ. C. '22 § 1124; Civ. C. "12 § 1003; Civ. C. '02 
§ 819; 1894 (21) 794. 

§ 14-461. Duty of supervisor and treasurer. 

The county supervisors and treasurers shall keep the money so borrowed 

on the tax levies for their respective counties for the specific purpose of such 

levies, according to the terms of the act to raise supplies for the year in which 

the loan is effected. 

1942 Code § 3882; 1932 Code § 3882; Civ. C. '22 § 1123; Civ. C. '12 § 1002; Civ. C. '02 
§ 818; 1894 (21) 794. 

§ 14-462. "Bills Payable" book. 

The governing bodies of the counties of Abbeville, Clarendon, George- 

toivn, Marlboro and Orangeburg, the supervisor of Newberry County, both the 

county supervisor and the county treasurer of Greenville County and the county 

treasurer of Union County shall keep a book of "Bills Payable" in which shall 

be entered, as and when made, all notes for loans in anticipation of collection 

of taxes. The entries thereon shall show: (a) the note number; (b) the date 

of the note; (c) the date due; (d) the payee; (e) the amount; (f) the rate of 

interest ; and (g) the date paid. Such notes shall be numbered in the order 

in which they may be executed. 

1942 Code §§ 3887, 4176, 4387, 4415, 4422, 4633, 4647, 4712, 4841; 1932 Code §§ 3887, 4176, 
4387, 4415, 4422, 4633, 4647, 4712, 4841; Civ. C. '22 §§ 1127, 1297, 1570, 1577, 1784, 1791, 
1851, 1961; Civ. C. '12 §§ 1056, 1063; 1910 (26) 730, 734; 1912 (27) 643, 731; 1915 (29) 562; 
1916 (29) 841, 862; 1918 (30) 687; 1925 (34) 216; 1931 (37) 86. 

§ 14-463. How books to be kept. 

In Abbeville, Clarendon, Greenville, Orangeburg and Union Counties all entries, 

footings and amounts carried forward in the books required to be kept by 

§ 14-462 shall be made in ink. Each page shall show perfect balancing of all 

columnar additions and of all footings carried forward. 

1942 Code §§ 3888, 4177, 4425, 4713, 4844; 1932 Code §§ 3888, 4177, 4425, 4713, 4844; 
Civ. C. '22 §§ 1128, 1298, 1580, 1852, 1964; Civ. C. '12 § 1066; 1910 (26) 735; 1912 (27) 
643; 1915 (29) 562; 1916 (29) 841; 1918 (30) 687. 

§ 14-464. Borrowing in Charleston County. 

Whenever there shall not be available sufficient funds to meet the payment 
of the principal or interest of any outstanding obligation of Charleston County 
or any of its political subdivisions the treasurer of the county may borrow 
in anticipation of taxes levied for such purposes a sum sufficient to meet the 
punctual payment thereof. Such loans shall be evidenced by the note or notes 
of Charleston County, executed in behalf of the county by the treasurer thereof, 
to the payment of which shall be pledged the taxes levied for such purposes 
and the full faith and credit of the political subdivision in which the taxes for 
the payment of such obligation are levied. The approval in writing of the 

132 



§ 14-465 Counties § 14-467 

Senator and a majority of the members to the House of Representatives from 
Charleston County shall be first obtained. 
1942 Code § 4076-4; 1937 (40) 44. 

§ 14-465. Borrowing in Orangeburg County. 

The governing body of Orangeburg County may borrow, in any year, upon 

the credit of the county for county purposes and for any townships in the 

county an amount of not exceeding eighty per cent of the probable available 

funds for the county and the townships to pay off claims of the county and 

the townships and may pledge the taxes, commutation tax and available funds 

of the county and the townships therefor. Should the governing body find it 

necessary to borrow money for any fiscal year for county expenses in advance 

of the collection of taxes therefor, as provided and authorized by law, they 

shall insert an advertisement in a county and state newspaper for at least 

three weeks in at least three issues thereof, setting forth the amount wanted 

and when the same will be repaid and asking for competitive bids on terms 

and the rate of interest. All moneys borrowed shall be at the best terms and 

lowest rate of interest the governing body can get. 

1942 Code §§ 4700, 4719; 1932 Code § 4700, 4719; Civ. C. '22 §§ 1836, 1858; 1915 (29) 
562; 1921 (32) 73. 

§ 14-466. Borrowing by Kershaw County for purposes covered by appropria- 
tions. 

The governing body of Kershaw County may borrow money from year 
to year to pay current expenses, including ordinary expense and expense of 
road and bridge building, and may pledge the taxes of the county to secure 
such loans. The governing body may borrow money from the county or State 
sinking fund, and the county sinking fund commissioners and The State 
Budget and Control Board may make such loans. The governing body may 
use any county fund appropriated for other purposes and unexpended in the 
improvement of the roads and bridges of the county; but no amount shall 
be borrowed for any purpose in excess of the amount appropriated by the 
General Assembly for such purpose, nor in excess of the tax levied to meet 
such purpose. The governing body of the county may borrow upon the credit 
of the county moneys to cover such current expenses of the county, not men- 
tioned in the county supply act, as may be found absolutely necessary and es- 
sential for the welfare of the county and may execute a note or notes therefor 
at the lowest rate of interest obtainable, to become payable in not exceeding 
one year from the date thereof; provided, that such expenditures and the terms 
of the loan to provide the funds to meet the same shall be first approved in 
writing by the entire county legislative delegation. 

1942 Code §§ 4518, 4529-1; 1932 Code § 4519; 1923 (33) 51; 1937 (40) 143. 

§ 14-467. Borrowing in Lancaster County. 

The governing body of Lancaster County may borrow annually for the 
operating expenses of the several departments of the county any sums deemed 
by them necessary for such purposes not in excess of the amounts to be 

133 



§ 14-468 Code of Laws of South Carolina § 14-470 

derived from the taxable levies for any specific fund and any other sources to 
be credited to such funds in the current year and may pledge such tax and other 
incomes for payment thereof. The notes for any sums so borrowed shall 
be signed by the chairman of the governing body and countersigned by the 
secretary and the county treasurer. No sums herein provided for shall be 
borrowed except by a majority vote of the governing body duly entered in 
the minutes of the governing body and the governing body shall have no 
authority whatever to borrow funds for the county except upon the written 
authority of a majority of the county legislative delegation, including the 
Senator. 

1942 Code § 4569-2; 1935 (39) 956; 1947 (45) 5. 

§ 14-468. Borrowing in Spartanburg County. 

In anticipation of the collection of any taxes provided in the annual county 
supply act, the governing body and the treasurer of Spartanburg County 
may borrow on the credit of the county sums not to exceed three hundred and 
fifty thousand dollars in any one year and may pledge the taxes for such year 
as security for the repayment of the amount so borrowed. Taxes subsequent- 
ly collected in any year in which indebtedness is incurred in accordance with 
the provisions of this section shall be first applied to the payment of such 
indebtedness. Any note or obligation given in any one year in an amount ex- 
ceeding the total sum of three hundred and fifty thousand dollars herein 
authorized shall be null and void and shall not constitute an obligation of the 
county. 

1947 (45) 178. 

§ 14-469. Borrowing by governing body in Union County. 

The governing body of Union County may borrow such sum or sums of 
money as may be needed from time to time, throughout the year, not to exceed 
the amount of the current year's appropriation, after not less than seven days' 
advertisement thereof in the Union Daily Times and in such other papers 
as they deem advisable and may award the loan to the lowest bidder therefor, 
not to exceed the legal rate per annum, and the governing body shall have 
the right and power to accept the best bid, or bids, for the county or to reject 
any and all bids. In the event no bid is accepted, the governing body shall 
negotiate the loan or loans elsewhere upon the most advantageous terms to 
the county, and the money borrowed, if from- a bank, may be deposited with 
such bank, subject to draft by the county treasurer. In order to secure 
the payment of all loans borrowed by the county during the current year the 
governing body may issue the county note or notes, countersigned by the 
county treasurer, and pledge for the prompt payment of the same the taxes 
to be collected and other revenues anticipated and applicable to claims for 
the payment for which the money is borrowed and, in addition thereto, may 
pledge the full faith and credit of the county to the payment of the same. 

1942 Code § 4829; 1939 (41) 555. 

§ 14-470. Blank. 

134 



§ 14-471 Counties § 14-502 

§ 14-471. Borrowing in Abbeville County for retiring bonds. 

The county supervisor and county treasurer of Abbeville County shall bor- 
row during any fiscal year without advertisement in anticipation of the collec- 
tion of taxes levied or to be levied that year for the purpose of retiring the 
several installments and paying the semi-annual interest on the bonded indebt- 
edness of the county, and shall, for the purpose of obtaining and procuring such 
loan or loans, pledge the taxes so levied or to be levied for that purpose and 
execute and deliver a note or notes of the county in such respective amounts 
and at such rate of interest and with such maturity dates as in their discretion 
may be deemed necessary and advisable for such purposes. The sum or sums 
so borrowed shall constitute a valid and prior claim and lien upon the taxes 
in anticipation of which the same are borrowed, and such notes may be re- 
newed from time to time pending the collection of such taxes. 

1942 Code § 3902-2; 1935 (38) 154. 



CHAPTER 11. 

Certificates of Indebtedness. 

Sec. Sec. 

14-501. Certificates of indebtedness cannot 14-505. Certificates negotiable; endorse- 

be issued except under chapter. ment 

14-502. Issue of certificates of indebtedness 14-506. Acceptable on county taxes. 

to pay obligations in Abbeville, 14-507. Security for payment. 

Dillon and Orangeburg Counties 14-508. Treasurer's record of certificates; 
14-503. Denominations; amount limited. cancellation upon payment. 

14-504. Interest; maturity. 14-509. "Action by legislative delegation" 

defined. 

§ 14-501. Certificates of indebtedness cannot be issued except under chapter. 

It shall be unlawful for any county officer to issue any certificate of indebt- 
edness except as provided in this chapter. This provision shall not apply to 
the issuing of tickets to jurors or witnesses for attendance on the circuit courts. 

1942 Code § 3076; 1932 Code § 3076; Civ. C. '22 § 763; Civ. C. '12 § 679; Civ. C. '02 
§ 609; G. S. 462; R. S. 527; 1876 (16) 364. 

§ 14-502. Issue of certificates of indebtedness to pay obligations in Abbeville, 
Dillon and Orangeburg Counties. 
Whenever it is impossible to pay in cash for the operating expenses of Abbe- 
ville County, Dillon County or Orangeburg County as provided by law or as 
ordered by written instructions of the county legislative delegation filed with 
the county treasurer, either because of the non-collection of taxes or inability 
to borrow money in anticipation of the payment of current taxes, the govern- 
ing body of any such county may from time to time request the treasurer to 
issue temporary certificates of indebtedness against the collection of such 
taxes and to deliver such certificates in lieu of cash to the officers, employees 
and creditors of the county in the sum due. The authority herein conferred 
shall terminate at any time upon written instructions to that effect from the 

135 



§ 14-503 Code of Laws of South Carolina § 14-507 

county legislative delegation. The amount of the certificates so issued in 
any fiscal tax year in Dillon County shall not exceed fifty thousand dollars. 
1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-503. Denominations ; amount limited. 

The treasurer shall thereupon issue and sign such certificates in convenient 
amounts and denominations, not less than one nor more than twenty dollars 
each or in the case of Dillon County one hundred dollars each. But in no 
case shall the total amount of such certificates, together with any sums bor- 
rowed by the county against the taxes of the current year, exceed (a) seventy- 
five (75%) per cent in Abbeville County or sixty-five per cent in the case of 
Dillon County or Orangeburg County of the taxes in anticipation of the collec- 
tion of which the said certificates are issued, nor (b) in the case of Abbeville 
County or Orangeburg County the amount of the annual county supply act. 

1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§14-504. Interest ; maturity. 

Such certificates of indebtedness shall bear interest from the date of issu- 
ance until maturity at the rate of five per cent per annum in Abbeville County 
and six per cent per annum in Dillon and Orangeburg Counties, and each cer- 
tificate shall bear on its face its date of maturity which shall be not later than 
March 1st of the succeeding year in Abbeville and Orangeburg Counties and 
March 15th of the succeeding year in Dillon County, as shall be determined 
by the county treasurer. 

1942 Code §§ 3902-1, 4268-1. 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-505. Certificates negotiable ; endorsement. 

The certificates shall be originally issued to the individual officer, employee 
or creditor of the said county but, upon endorsement by such payee, shall 
be negotiable, and the title thereto shall pass to subsequent holders by de- 
livery with no further endorsement. Upon request the treasurer or his depu- 
ty shall witness and attest such endorsement, which shall be conclusive evi- 
dence thereof. 

1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-506. Acceptable on county taxes. 

Such certificates shall be received by the county treasurer at any time in 
payment of taxes due the county or, in the case of Dillon County or Orange- 
burg County, any school district therein, at the face value of the certificates 
plus accrued interest to the time of such receipt. 

1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-507. Security for payment. 

The payment of such certificates shall be secured by the taxes in antici- 
pation of the payment of which the certificates are issued and by the full faith, 
credit and taxing power of the county. Should the pledged revenue be in- 

136 



§ 14-508 



Counties 



§ 14-512 



sufficient to retire the indebtedness the auditor shall levy and the treasurer 
collect a sufficient tax to retire the certificates. 

1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-508. Treasurer's record of certificates; cancellation upon payment. 

The treasurer shall number and keep a record of all such certificates issued. 
Each certificate, upon payment, shall be cancelled by perforation, and such 
payment shall be entered upon the record. 

1942 Code §§ 3902-1, 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1477, 1609. 

§ 14-509. "Action by legislative delegation" defined. 

Whenever reference is made herein to action by the county legislative dele- 
gation it shall mean, in the case of the delegation of Dillon County or Orange- 
burg County, action by the Senator and a majority of the Representatives from 
the county. 

1942 Code §§ 4268-1, 4723-2; 1933 (38) 485; 1934 (38) 1609. 



CHAPTER 11.1. 
The County Bond Act. 



Sec. 
14-511. 
14-512. 
14-513. 

14-514. 

14-515. 
14-516. 



14-517. 
14-518. 
14-519. 
14-520. 



Sec. 

Short title. 14-521. 

Definitions. 14-522. 

When counties may issue bonds; 14-523. 

amount thereof. 14-524. 

How election held; who may vote 14-525. 

therein. 

Notice of election. 14-526. 

Declaration of results; effect of 14-527. 

filing if no contest instituted 

within thirty days. 14-528. 
Maturity of bonds. 

Redemption provisions. 14-529. 
Negotiability of bonds; registration. 
Where bonds payable. 



Interest rates. 

Execution of bonds. 

Sale of bonds. 

Minimum sale price. 

Pledge of credit for payment; levy 
of tax therefor. 

Exemption from taxes. 

Bonds legal for fiduciary invest- 
ments. 

Deposit and application of proceeds 
of sale of bonds. 

"Bond Books" in Georgetown and 
Newberry Counties. 



§14-511. Short title. 

This chapter may be cited as the "County Bond Act.' 
1951 (47) 763. 



§ 14-512. Definitions. 
As used in this chapter: 

(1) The word "authorities" shall mean the county board of commissioners 
or other board or body to which is delegated the administrative duties of the 
particular county ; and 

(2) The term "authorised purpose" shall mean any purpose for which the 
particular county might, under the applicable constitutional provisions, issue 
bonds or levy taxes. 

1951 (47) 763. 

137 



§ 14-513 Code of Laws of South Carolina § 14-517 

§ 14-513. When counties may issue bonds ; amount thereof. 

The authorities of any county may issue general obligation bonds of such 
county to defray the cost of any authorized purpose and for any amount not 
exceeding its applicable constitutional debt limit, if 

(1) The election required by this chapter as a condition precedent to the 
issuance of bonds results favorably thereto ; and 

(2) The bonds be issued within three years following the holding of such 
election. 

1951 (47) 763. 

§ 14-514. How election held; who may vote therein. 

The election required by this chapter shall be held in accordance with the 
provisions of the election law applicable to special elections and all persons 
resident in the county and qualified to vote under the Constitution and laws 
of the State shall be permitted to vote. 

1951 (47) 763. 

§14-515. Notice of election. 

Notice of the holding of such an election shall be given, by publication there- 
of in some newspaper published in the county, at least once not less than 
fifteen days prior to the occasion set for the holding of such election. Such 
notice shall state: 

(1) The occasion of the holding of the election ; 

(2) The location of the several polling places ; 

(3) The qualifications imposed upon persons desirous of voting; 

(4) The amount of bonds to be issued ; and 

(5) A brief description of the purpose for which the proceeds of the bonds 
are to be applied. 

1951 (47) 763. 

§ 14-516. Declaration of results; effect of filing if no contest instituted within 
thirty days. 

Upon the receipt of the returns of the election the authorities shall by reso- 
lution declare the results thereof and may provide for the filing of a certified 
copy of such resolution declaring the results of the election in the office of 
the clerk of the court for such county. In such event the results of the election, 
as declared by resolution of the authorities so certified and filed, shall not be 
open to question except by a suit or proceeding instituted within thirty days 
from the date of the filing thereof. 

1951 (47) 763. 

§14-517. Maturity of bonds. 

Any such bonds shall mature in such annual series or installments as the 
authorities shall provide, except that : 

(1) The first maturing bonds shall mature within three years from the 
date as of which they may be issued ; 

138 



§ 14-518 Counties § 14-523 

(2) Not less than three per cent of the aggregate of the issue shall mature 
in any year ; and 

(3) No bond shall mature later than twenty-five years from the date as of 
which it may be issued. 

The provisions of this section shall not prevent the authorities from issuing 
the aggregate of the bonds authorized by the election on one or more occasions, 
as two or more issues. 
1951 (47) 763. 

§14-518. Redemption provisions. 

Any bond issued may be issued with a provision providing for its redemp- 
tion prior to its stated maturity at par and accrued interest, plus such redemp- 
tion premium as may be prescribed by the authorities, but no bond shall be 
redeemable before maturity unless it contains a statement to that effect. In 
the proceedings authorizing the issuance of such bonds provision shall be 
made specifying the manner of call and the notice thereof that must be given. 

1951 (47) 763. 

§ 14-519. Negotiability of bonds ; registration. 

Bonds issued pursuant to this chapter shall be in the form of negotiable cou- 
pon bonds, payable to bearer, with the privilege to the holder of having them 
registered as to principal on the books of the treasurer of the county and the 
principal thus made payable to the registered holder (unless the last registered 
transfer shall have been to bearer) upon such conditions as the authorities 
may prescribe. Unless registered such bonds shall have all the qualities of 
negotiable instruments under the law merchant and the negotiable instru- 
ments law. 

1951 (47) 763. 

§ 14-520. Where bonds payable. 

The bonds issued pursuant to this chapter shall be payable at such places, 
within or without the State as the authorities shall provide. 

1951 (47) 763. 

§ 14-521. Interest rates. 

Such bonds shall bear interest at rates to be named by the authorities. 
1951 (47) 763. 

§14-522. Execution of bonds. 

Such bonds and the coupons annexed thereto shall be executed in the manner 
provided for by the authorities. 
1951 (47) 763. 

§ 14-523. Sale of bonds. 

Such bonds shall be sold at public sale, after advertisement thereof in a 
newspaper having general circulation in the State or in a financial publication 
published in the city of New York or, in the discretion of the authorities, in 

139 



§ 14-524 Code of Laws of South Carolina § 14-529 

both such publications. Such advertisement shall appear not less than ten 
days prior to the occasion set for such sale. The bonds may be disposed of 
at private sale if there are no bids received or if all bids are rejected. The 
provisions of this section shall not prevent a sale at private sale to the United 
States of America or any agency thereof. 
1951 (47) 763. 

§ 14-524. Minimum sale price. 

All such bonds must be sold at a price of not less than par and accrued in- 
terest to the date of delivery. 

1951 (47) 763. 

§ 14-525. Pledge of credit for payment ; levy of tax therefor. 

For the payment of the principal and interest on such bonds as they respec- 
tively mature and for the creation of such sinking fund as may be necessary 
therefor, the full faith, credit and taxing power of the county are irrevocably 
pledged and there shall be levied annually by the county auditor and collected 
by the county treasurer in the same manner as other county taxes are levied 
and collected, a tax, without limit, on all taxable property in the county suffi- 
cient to pay the principal and interest of such bonds as they respectively ma- 
ture and to create such sinking fund as may be necessary therefor. 

1951 (47) 763. 

§14-526. Exemption from taxes. 

Bonds issued under this chapter shall be exempt from all state, county, 
municipal, school district and other taxes or assessments, direct or indirect, 
general or special, whether imposed for the purpose of general revenue or 
otherwise. 

1951 (47) 763. 

§ 14-527. Bonds legal for fiduciary investments. 

The authorities, all executors, administrators, guardians, committees and 
other fiduciaries and all sinking fund commissions may invest any moneys 
in their hands in bonds issued under this chapter. 

1951 (47) 763. 

§ 14-528. Deposit and application of proceeds of sale of bonds. 

The proceeds derived from the sale of any such bonds shall be deposited 
with the county treasurer in a special fund to the credit of the county and 
shall be applied solely to the purposes for which the bonds were issued, ex- 
cept that the premium, if any, shall be placed in the sinking fund established 
by § 14-525 and the accrued interest, if any, shall be used to discharge in 
part the first interest to become due on such bonds. 

1951 (47) 763. 

§ 14-529. "Bond Books" in Georgetown and Newberry Counties. 

The governing bodies of Georgetown and Newberry Counties shall keep a 

140 



§ 14-551 



Counties 



§ 14-551 



book called "Bond Books," in which shall be entered all bonds outstanding 
and hereafter issued. This book shall be printed and ruled with appropriate 
columns showing: 

(1) The series number ; 

(2) The title of the bonds; 

(3) The date of issue; 

(4) The date due: 

(5) The interest rate ; 

(6) The interest payable ; 

(7) The interest amount due January 1 ; 

(8) The interest amount due July 1 ; 

(9) The number of bonds; 

(10) The bond number; 

(11) The denomination; 

(12) The total value issued; and 

(13) Remarks. 

1942 Code §§4388, 4648; 1932 Code §§4388, 4648; Civ. C. '22 §1792; 1912 (27) 731; 
1925 (34) 216; 1931 {37) 87. 



CHAPTER 12. 
Borrowing from Federal Agencies and Others in Certain Counties. 



Sec. 

14-551. Authorized for certain purposes in 

Allendale and Beaufort Counties. 
14-552. Same; in Cherokee and Lancaster 

Counties. 
14-553. Same; in Clarendon, Greenville and 

Williamsburg Counties. 
14-554. Same; Pickens County. 
14-555. Security for payment. 



Sec. 

14-556. Use of funds from gasoline tax in 
Cherokee and Pickens Counties. 

14-557. Evidences of indebtedness. 

14-558. Expenditure and deposit of funds 
borrowed in Allendale and Beau- 
fort Counties. 

14-559. Same; in Cherokee, Lancaster and 
Pickens Counties. 

14-560. Obligations tax exempt. 



§ 14-551. Authorized for certain purposes in Allendale and Beaufort Counties. 
The counties of Allendale and Beaufort or any political subdivision of either 
of said counties or any combination of political subdivisions of either of said 
counties may borrow from or through any agency of the United States Gov- 
ernment, under provisions of law and regulations governing the lending of such 
funds, for the purpose of purchasing school buses, repairing, improving, enlarg- 
ing or constructing public buildings in said counties or any political subdivi- 
sion, subdivisions or combination of subdivisions in either of said counties 
and for any other purposes or projects deemed advisable by the governing 
body of either of said counties, the trustees of any school district or com- 
bination of school districts in either of said counties or the mayor and coun- 
cil of any incorporated town of either of said counties. But before any funds 
are borrowed under the terms of this chapter the Senator and at least one- 
half of the members of the House legislative delegation from the county 

141 



§ 14-552 Code of Laws of South Carolina § 14-554 

affected shall first approve the purpose of the proposed loan, the amount of 
funds to be borrowed and the terms under which any and all such loans are 
to be repaid. 

1942 Code § 3955-2; 1935 (39) 609. 

§ 14-552. Same; in Cherokee and Lancaster Counties. 

The governing bodies of Cherokee and Lancaster Counties, respectively, may 
borrow in the name of the county funds from or through any agency of the United 
States Government, under provisions of law and regulations governing the 
loaning of such funds or, in the case of Cherokee County, from any person, 
for the construction or repair of roads and bridges in their respective counties 
as may be determined upon by the respective governing bodies, for the pur- 
pose of repairing, enlarging or constructing public buildings in said counties 
and for any other purpose or project deemed by the governing bodies and the 
county legislative delegations needful in the public interest; provided, that 
before any funds are borrowed under the terms of this section the governing 
body and a majority of the legislative delegation from the county shall first 
approve the purpose and the amount of the funds to be borrowed, as well as 
the terms under which any and all such sums are to be repaid. 

1942 Code §§ 4121-3, 4569-2; 1935 (39) 718. 956: 1936 (39) 2076; 1947 (45) 5. 

§ 14-553. Same; in Clarendon, Greenville and Williamsburg Counties. 

The counties of Clarendon, Greenville and Williamsburg, any school district 
therein and any municipal corporation therein may borrow from or through 
any agency of the United States Government, under the provisions of law and 
regulations governing the lending of funds, such sum of money as the governing 
body of any such county, any school district therein or any municipal corpora- 
tion therein may desire for the purpose of constructing, repairing or improving 
public buildings, school houses, teacherages, halls, auditoriums, community 
houses or any other building desired or deemed proper by the governing body 
of such borrower, including cold storage plants and potato curing houses in 
Greenville County ; provided, that before any funds are borrowed under the 
terms of this section a majority of the county legislative delegation of the 
county by or in which the loan is made shall first approve the purpose for 
and the amount of the loan to be obtained, as well as the terms under which 
the same shall be repaid. 

1942 Code §§ 4186-3, 4443, 4893-3; 1935 (39) 749, 1159; 1936 (39) 1714. 

§ 14-554. Same; Pickens County. 

The governing body of Pickens County may borrow in the name of the coun- 
ty funds from or through any agency of the United States Government, under 
provisions of law and regulations governing the loaning of such funds, or 
from any other available source for the construction or repair of roads and 
bridges in Pickens County as may be determined upon by such governing body 
and for the purpose of repairing, enlarging or constructing public buildings in 

142 



§ 14-555 Counties § 14-557 

the county and for any other purpose or project deemed by the governing body 
of the county needful in the public interest. 
1942 Code § 4728-4; 1939 (41) 46, 552. 

§ 14-555. Security for payment. 

To secure the repayment, with interest thereon, of any and all funds bor- 
rowed under §§ 14-551 to 14-554, the full faith and credit of the county or political 
subdivision or subdivisions of such county obtaining such loan may be ir- 
revocably pledged as herein provided, and the governing body of such counties, 
respectively, or political subdivisions thereof, with the approval of a majority 
of the legislative delegation in the case of Cherokee and Lancaster Counties and 
the Senator and one-half of the membership of the House delegation from Al- 
lendale or Beaufort County, as the case may be, may pledge any special tax, in- 
come or revenue accruing to such county or political subdivision or subdivi- 
sions to secure the payment of any obligation or obligations issued hereunder. 
When any such tax, income or revenue shall become so pledged the proceeds 
thereof, or so much thereof as shall be necessary, shall be applied exclusively 
to such obligation or obligations. 

To secure the payment, with interest thereon, of any and all funds borrowed 
pursuant to the terms of § 14-554, the full faith, credit and taxing power of 
Pickens County is hereby irrevocably pledged. 

Any borrower under § 14-553 in Clarendon, Greenville or Williamsburg Coun- 
ty, with the approval of a majority of the legislative delegation from Clarendon, 
Greenville or Williamsburg County, as the case may be, may pledge any special 
taxes, income or revenue now or hereafter accruing to such borrower and may 
also pledge the full faith and credit of the borrower for the prompt payment 
of such sum or sums as may be borrowed under said section. 

1942 Code §§ 3955-2, 4121-3, 4186-3, 4443, 4569-2, 4728-4, 4893-3; 1935 (39) 609, 718, 
749, 956, 1159; 1936 (39) 1714, 2076; 1939 (41) 46. 552; 1947 (45) 5. 

§ 14-556. Use of funds from gasoline tax in Cherokee and Pickens Counties. 

The one cent gasoline license tax annually accruing to Cherokee County shall 
be used in the payment of the indebtedness as the same becomes due, incurred 
by the county under the provisions of this chapter. If the governing body 
of Pickens County so determines and concludes, the gasoline tax distributed 
to the county during the existence of the indebtedness may be pledged to 
pay the same with interest, and when so pledged the proceeds therefrom shall 
be applied to the payment of such indebtedness with interest, according to 
the terms of the instruments evidencing the same. 

1942 Code §§ 4121-4, 4728-4; 1939 (41) 46, 552, 561. 

§ 14-557. Evidences of indebtedness. 

The funds so borrowed may be evidenced in such manner as the contracting 
parties may determine, by serial coupon bonds, notes or certificates of in- 
debtedness (or otherwise, in the case of borrowing by or in Clarendon, Green- 
ville or Williamsburg Counties), and shall bear interest at a rate not exceeding 
four per cent per annum, payable annually or, in any case except borrowing 

143 



§ 14-558 Code of Laws of South Carolina § 14-56C 

by Cherokee, Lancaster or Pickens Counties, semi-annually or, in the case of 
funds borrowed under § 14-553, as may be agreed by the parties, and maturing 
in such installments as the parties may agree (payable annually in the case 
of Cherokee, Lancaster and Pickens Counties, or in the case of borrowing by or 
in Allendale, Beaufort, Clarendon, Greenville or Williamsburg Counties at such 
time as the parties may agree), the last of which shall mature not more than 
fifteen years from the date of issue in the case of a borrowing by Pickens Coun- 
ty and not more than twenty years from such date of issue in all other cases. 

1942 Code §§ 3955-2, 4121-3, 4186-3, 4443, 4569-2, 4728-4, 4893-3; 1935 (,39) 609, 718, 
749, 956, 1159; 1936 (39) 1714, 2076: 1939 (41) 46, 552; 1947 (45) 5. 

§ 14-558. Expenditure and deposit of funds borrowed in Allendale and Beau- 
fort Counties. 

All funds borrowed by Allendale and Beaufort Counties or any subdivision 
thereof under this chapter shall be deposited with the county treasurer to the 
credit of the county or political subdivision or subdivisions obtaining such 
loan and expended on the warrant or direction of the governing body thereof 
only for the specific purposes for which the funds shall have been borrowed, 
except in cases of loans made to incorporated towns in which cases the funds 
shall be deposited with the treasurer of any such town and paid out upon the 
warrant of the town council. 

1942 Code § 3955-2; 1935 (39) 609. 

§ 14-559. Same ; in Cherokee, Lancaster and Pickens Counties. 

All funds borrowed pursuant to the provisions of this chapter in Cherokee, 

Lancaster or Pickens Counties shall be deposited to the credit .of the county 

treasurer, and expended only for the specific purpose for which the sany have 

been borrowed. 

1942 Code §§ 4121-3, 4569-2, 4728-4; 1935 (39) 718, 956; 1936 (39) 2076; 1939 (41) 46, 
552; 1947 (45) 5. 

§ 14-560. Obligations tax exempt. 

All obligations issued under the terms of this chapter shall be exempt from 

the payment of all state, county and municipal taxes. 

1942 Code §§ 3955-2, 4121-3, 4186-3, 4443, 4569-2, 4728-4, 4893-3; 1935 (39) 609, 718, 
749, 956, 1159; 1936 (39) 1714, 2076; 1939 (41) 46, 552; 1947 (45) 5. 



144 



§ 14-601 Counties § 14-603 

CHAPTER 13. 
Buildings and Lands Generally. 

Sec. Sec. 

14-601. Property conveyed to inhabitants, 14-604. State flag to be displayed on court- 
committee, etc., for county. house. 

14-602. Acquisition, restoration and preser- 14-605. Public officers may insure public 
vation of historic property. buildings. 

14-603. County property exempt from levy 14-606. Alterations in courthouse or jail. 

and sale. 14-607. Wilful injury to courthouse or jail. 

§ 14-601. Property conveyed to inhabitants, committee, etc., for county. 

Real and personal estate conveyed prior to September 26 1942 by any form 

of conveyance to the inhabitants of a county or district or to a committee, 

commissioners or other persons or existing on said date in a county or district 

for the use and benefit of such county or district shall be deemed to be the 

property of such county. And such conveyance shall have the same force and 

effect as if made to such county by its corporate name. 

1942 Code § 3022; 1932 Code § 3022; Civ. C. '22 § 714; Civ. C. '12 § 631; Civ. C. '02 
§ 570; G. S. 438; R. S. 49.7; 1868 (14) 134. 

§ 14-602. Acquisition, restoration and preservation of historic property. 

The governing bodies of all counties in this State may accept on behalf of 
their counties by gift, donation or devise and may acquire by purchase or con- 
demnation proceedings any real property of historical value by reason of 
any war in which the United States of America or any section thereof par- 
ticipated or by reason of any other historical event. In acquiring any such 
propeity for and on behalf of their counties, as hereinabove, authorized, the 
procedure for condemnation proceedings shall be such as is provided for con- 
demnation proceedings in article 8 of chapter 10 of Title 58. Upon acquiring 
any such property, any such governing body shall preserve the same and, 
when they deem it practicable, shall make restoration of the same to the end 
that the historical value of such property shall be at its maximum. And they 
shall do such other things relating to such property as to preserve and enhance 
its historical value as such governing body deems advisable. Such property 
referred to in the first sentence of this section shall include, among other 
things, battlefields, ruins of forts and remains of military operations during 
any war. 

1942 Code § 3884-1; 1938 (40) 1936. 

§ 14-603. County property exempt from levy and sale. 

All county poor farms and poor houses and hospitals, courthouses and jails 
and all other public property of every kind or description actually used as such 
are forever exempt from attachment, levy and sale on account of any judgment, 
lien or claim whatsoever against the county to which they or any of them 
belong. 

1942 Code § 3024; 1932 Code § 3024; Civ. C. '22 § 716; Civ. C. '12 § 633; Civ. C. '02 
§ 572; G. S. 440; R. S. 499; 1874 (15) 686. 

[2 SC Code] — 10 145 



§ 14-604 Code of Laws of South Carolina § 14-607 

§ 14-604. State flag to be displayed on courthouse. 

The state flag shall be displayed daily, except in rainy weather, from a 

staff upon every courthouse. The officer in charge of each courthouse shall 

purchase a suitable flag and cause it to be displayed, the expense to be borne 

out of the funds provided for maintenance of the courthouse. 

1942 Code § 5703; 1932 Code §§ 5703, 5705; Civ. C. '22 §§ 2772, 2773; Civ. C. '12 §§ 1842, 
1843; 1910 (26) 753; 1922 (32) 779. 

§ 14-605. Public officers may insure public buildings. 

Subject to the provisions of §§ 1-431 to 1-452 the public officers having by 

law the care and custody of town, village, city or county buildings may insure 

the same at the expense and for the benefit of the town, village, city or county 

owning the same. 

1942 Code § 3023; 1932 Code § 3023; Civ. C. '22 § 715; Civ. C. '12 § 632; Civ. C. '02 
§ 571; G. S. 439; R. S. 498; 1868 (14) 32, 134. 

Cross reference. — As to insurance on pub- carried by the State Budget and Control 
lie buildings and State institutions to be Board, see § 1-431. 

§ 14-606. Alterations in courthouse or jail. 

The governing bodies of the several counties shall make any alterations and 
additions deemed advisable, or which may become necessary, to any court- 
house or jail built in the several counties. 

1942 Code §1955; 1932 Code §1955; Cr. C. '22 §937; Cr. C. '12 §939; Cr. C. '02 
§ 653; G. S. 2705; R. S. 540; 1841 (11) 156. 

§ 14-607. Wilful injury to courthouse or jail. 

If any person shall wilfully injure or destroy any part of any courthouse or 

jail in this State or the enclosures of the same, or any part thereof, such 

person shall be liable to be indicted for such offense and, upon conviction, be 

fined or imprisoned at the discretion of the court. 

1942 Code § 1177; 1932 Code § 1177; Cr. C. '22 § 67; Cr. C. '12 § 942; Cr. C. '02 § 656; 
G. S. 2708; R. S. 543; 1827 (6) 321. 

Cited in Singletary v. Wilson, 191 S. C. 
153, 3 S. E. (2d) 802 (1938). 



146 [2 SC Code] 



§ 14-651 Counties § 14-653 

CHAPTER 14. 
County Fairs and Fair Associations. 

Article 1. Sec. 

General Provisions. 14-672. Chairman. 

g ec 14-673. Vacancies; quorum. 

,. l c . ,, , .. . , ., . 14-674. Compensation. 

4-651. Educational exhibits 14 . 67s Powers of commission . 

14-652. Demonstrators in charge of such H _ 676 Borrowing. 

,.,,, exhlblts - 14-677. Minimum rental contract. 

14-653. Demonstrators may be persons em- 14 _ 678 Recei and disbursement of funds . 



f , - , ~ IT-U/O. IVCLCIUI dllU U15UU1SC1UCIU Ul lUUL 

ployed for other purposes; ex- l4 _ 670 Record accounts and rev enues. 
penses. 



Article 2. 



Article 4. 



Colleton County. Un!on County Fair Association. 

H <£ , td ,. ... , r~ ., . ,- 14-681. Creation and board of directors. 

-661. Police protection for Colleton Coun- , . ,„- ... t ,• . , 

r ■ l4-6b2. Appointment of directors at large. 

14-683. Compensation of directors. 

Article 3 14-684. Officers; rules and regulations. 

14-685. Executive secretary and treasurer, 

Greenwood County Fair Grounds assistant and other employees. 

14-686. Control and use of certain property. 

14-671. Appointment. 14-6S7. Use of income. 



Article 1. 

General Provisions. 

§14-651. Educational exhibits. 

The Commissioner of Agriculture, who is the authorized custodian of the 
state exhibit property, and the State Board of Health shall, whenever applica- 
tion is made to either or both by the officials of county fairs held in the State 
and upon the guarantee by such officials of all expenses connected with the 
undertaking, prepare and send to such fairs exhibits of such educational 
character as will be instructive and beneficial to the people attending the fairs. 

1942 Code § 3247; 1932 Code § 3247; Civ. C. '22 § 953; 1915 (29) 93; 1936 (39) 1615; 
1941 (42) 119. 

§ 14-652. Demonstrators in charge of such exhibits. 

The Commissioner of Agriculture and the State Board of Health shall 

send in charge of these exhibits demonstrators competent to explain fully 

to visitors at the fairs the educational value of such exhibits. 

1942 Code § 3248; 1932 Code § 3248; Civ. C. '22 § 954; 1915 (29) 93; 1936 (39) 1615; 
1941 (42) 119. 

§ 14-653. Demonstrators may be persons employed for other purposes; ex- 
penses. 
The Commissioner of Agriculture and the State Board of Health may 
detail necessary men to this service, though they may be employed and paid 
for other purposes, and may expend such funds as may be at their command 
and as may be necessary to prepare and arrange the exhibits contemplated 
by § 14-651. 

147 



§ 14-661 Code of Laws of South Carolina § 14-675 

1942 Code § 3249; 1932 Code § 3249; Civ. C. '22 § 9S5; 1915 (29) 93; 1936 (39) 1615; 
1941 (42) 119. 

Article 2. 
Colleton County. 

§ 14-661. Police protection for Colleton County fair. 

The town authorities of the town of Walterboro shall furnish without charge 
adequate police protection on the grounds of the Colleton County fair associa- 
tion at all times when the association is in annual session. 

1942 Code § 6331; 1932 Code § 6331; Civ. C. '22 § 5180; 1914 (28) 612. 

Article 3. 
Greenwood County Fair Grounds Commission. 

§ 14-671. Appointment. 

The Greenwood County Fair Grounds Commission shall consist of five 
members. The terms of two of the members first appointed having expired 
May 1, 1944, and of the others May 1, 1945, the terms of their successors have 
been and of future members shall be for two years and until their successors 
are appointed and qualify. The members shall be appointed by the Governor 
upon the recommendation of a majority of the county legislative delegation 
and shall be eligible for reappointment. 

1942 (42) 1579. 

§ 14-672. Chairman. 

The chairman of the commission shall be appointed by the members thereof. 
1942 (42) 1579. 

§14-673. Vacancies ; quorum. 

Any member appointed to fill a vacancy on the commission occurring 
prior to the expiration of the term for which his predecessor was appointed 
shall be appointed for the remainder of such term. Vacancies on the commis- 
sion, so long as there shall be three members in office, shall not impair the 
power of the commission to execute and perform the duties placed on it. For 
the purpose of transacting the business of the commission three of the mem- 
bers in office shall constitute a quorum. 

1942 (42) 1579. 

§ 14-674. Compensation. 

The members of the commission shall each be paid a per diem for not ex- 
ceeding twelve days in any one calendar year as remuneration for the actual 
time spent in attending to their duties. 

1942 (42) 1579. 

§14-675. Powers of commission. 

The commission shall have complete control of the operation, maintenance, 
management and construction of the county fair grounds and all property 

148 



§ 14-676 Counties § 14-678 

thereon. It may lease the property or any part thereof to any person in 
such manner as in its opinion will tend to promote the advancement of agri- 
culture and the livestock industry in the county and the public entertainment, 
education and recreation of the inhabitants of the county, at such rentals as 
may be decided on by the commission, subject to the provisions hereof. 
1942 (42) 1579; 1950 (46) 2295. 

§ 14-676. Borrowing. 

It may borrow money from the Greenwood County sinking fund commission 
upon the approval of the county legislative delegation and the finance board of 
the county for the purpose of maintaining and improving the fair grounds prop- 
erty. To secure the payment of any sums so borrowed the commission shall 
pledge the anticipated revenues, less expenses of operation, administration and 
maintenance, to the payment of such sums. Such payments on outstanding 
indebtedness shall be made semi-annually, on the first days of December and 
June. 

1942 (42) 1579; 1950 (46) 2295. 

§ 14-677. Minimum rental contract. 

No rental contract for the use or lease of the property or any portion there- 
of shall be entered into unless the commission is paid a minimum sum suffi- 
cient to take care of the operation expenses and at least five cents for each 
person admitted to its premises as herein provided, which sum shall be col- 
lected and paid by each person entering the premises or portions thereof, 
either upon payment of an admission fee or by use of a free pass. This shall 
apply only to admissions to the grounds during fair week and to admissions 
to all sports events, amusements, entertainments and public gatherings using 
the grounds and facilities during the remainder of the year. There is exempted 
from this provision as to the payment of the five cents above mentioned ad- 
missions to cattle shows, livestock sales and other agricultural events held 
at other times than during regular fair week, to which no admission fees are 
charged. All funds collected by way of this five cent tax upon each ticket of 
admission as herein provided shall be deposited in a special account and used 
only for purposes of maintenance and operation and payment of any sum 
borrowed as herein provided. 

1950 (46) 2295. 

§ 14-678. Receipt and disbursement of funds. 

The finance board for Greemvood County shall receive all moneys derived 
from the operations of the fair grounds property, keep the same segregated 
from the general funds of the county and disburse the same on the order of 
the commission. Any surplus funds to the credit of the commission which 
are determined by the finance board, the county legislative delegation and the 
commission as not needed for operating and maintenance expenses and pay- 
ment of indebtedness shall be paid into the general funds of Greenwood County 
at the time each annual report is made. 

1942 (42) 1579; 1950 (46) 2295. 

149 



§ 14-679 Code of Laws of South Carolina § 14-685 

§ 14-679. Records, accounts and revenues. 

The secretary to the supervisor, finance board and commission shall have 
charge of all the records of the commission. The commission shall keep 
its accounts and revenues separate from other accounts and revenues of the 
county, and it shall make annual reports to the county legislative delegation 
and to the county finance board, showing in a statement all moneys received 
and expended during the preceding year. Its books and accounts shall be 
audited by such auditor as the county legislative delegation shall specify. 

1942 (42) 1579. 

Article 4. 
Union County Fair Association. 

§ 14-681. Creation and board of directors. 

There is hereby created the Union County Fair Association which shall 
have for its purposes the promotion of agriculture and livestock and recreation 
in Union County. The Association shall be governed by a board of directors 
composed of five members. Three directors shall be selected from the county 
at large ; and the Union County agricultural agent and the Union County home 
demonstration agent, and their successors in office, shall ex officio be members 
of the board of directors of the Association. 

1946 (44) 1578. 

§ 14-682. Appointment of directors at large. 

The directors at large shall be appointed by the Governor upon the recom- 
mendation of a majority of the county legislative delegation and shall serve 
until their successors shall have been appointed and duly qualified. 

1946 (44) 1578. 

§ 14-683. Compensation of directors. 

The directors of the Association shall be paid a per diem of five dollars, 
mileage at five cents per mile one way and their actual itemized expenses for 
each day of necessary attendance upon the business of the Association. 
No director shall hold any other office or employment under the Association. 

1946 (44) 1578. 

§ 14-684. Officers; rules and regulations. 

The board of directors of the Association shall organize at its first meeting 
by electing a chairman and a secretary, who shall be members of the board of 
directors, and shall make such rules and regulations as may be necessary for 
the government, management and control of the Association. 

1946 (44) 1578. 

§ 14-685. Executive secretary and treasurer, assistant and other employees. 

The board of directors shall elect an executive secretary and treasurer of the 
Association, who shall serve at the pleasure of the board at a salary to be fixed 
by them and who shall be required to give bond in an amount to be fixed by 

150 



§ 14-686 Counties § 14-687 

the board conditioned for the faithful performance of the duties of his office. 
The executive secretary and treasurer shall be in charge of the management 
of the affairs and business of the Association subject to the direction and 
control of the board of directors thereof. The executive secretary and treas- 
urer may employ an assistant at his pleasure and may hire and discharge other 
employees of the Association, subject to the approval of the board, who shall 
fix the compensation to be paid the assistant and all other employees of the 
Association. The executive secretary and treasurer may conduct negotiations, 
make and enter into contracts and do all things reasonably necessary to pro- 
mote the success of the Association, subject to the final approval of the board 
of directors thereof. 
1946 (44) 1578. 

§ 14-686. Control and use of certain property. 

The Association shall have the exclusive use, management and control of 
the property deeded to the county by Mary Emma Foster by deed recorded in 
Deed Book 67 at page 648, and plat recorded in Plat Book 4 at Page 33, office 
of Clerk of Court of Union County, located on the Old Buffalo Road, together 
with all buildings and improvements thereon, for the purpose of carrying out 
the provisions of this article. The Association may erect a fence around the 
premises, make admission charges for entrance and use the county chaingang 
and equipment for the purpose of placing and keeping the grounds and build- 
ings in a condition suitable for fair purposes. 

1946 (44) 1578. 

§ 14-687. Use of income. 

The income and revenue derived by the Association shall be used to defray 
the expenses of providing the county and the public with a worthwhile educa- 
tional and recreational annual fair and for the promotion of agricultural and 
livestock interests in the county and the expansion of the same. Any profits 
shall be held in trust by the Association for such purposes. 

1946 (44) 1578. 



CHAPTER 15. 

Abbeville County. 

Article I. Article 2. 

General Provisions. Officers' Salaries. 
Sec. Sec. 

14-701. Term of office of supervisor. 14-711. Certain officers to receive salaries 

14-702. Sub-supervisors. in lieu of fees. 

14-703. Apportionment of appropriations. 14-712. Acounting for fees collected. 

14-704. Hours of county officers. 14-713. Payment of salaries. 

14-714. Forms; statement of fees public 
record. 

151 



§ 14-701 



Code of Laws of South Carolina 



§ 14-704 



Article 3. 
Claims against County. 

Sec. 

14-721. Form of claims. 
14-722. Entry of claims prior to meeting. 
14-723. Approval of claims. 
14-724. Warrants drawn only on and not to 
exceed spe ific appropriations. 



Article 4. 

Purchase of Supplies and Construction 
Contracts. 



Sec. 
14-731. 

14-732. 

14-733. 



Advertisement for supplies; emer- 
gencies. 

Advertisement for bids on construc- 
tion; award. 

No payment until work accepted. 



Article 1. 
General Provisions. 

§ 14-701. Term of office of supervisor. 

The term of office of the county supervisor of Abbeville County shall extend 
until June 30 1953, shall be for four years and shall expire on June 30th of 
every fourth year thereafter. 

1942 Code § 3891; 1932 Code § 3891; 1929 (36) 179. 

§ 14-702. Sub-supervisors. 

There shall be elected by the qualified electors of the county two men who 

shall be known as sub-supervisors of said county and who shall hold their 

offices for the term of four years and until their successors shall have been 

elected and qualified. The sub-supervisors shall each receive a salary of two 

hundred dollars per year, payable monthly, as the salaries of other county 

officers are paid, and the sub-supervisors shall assist the county supervisor 

in the management of the affairs of the county. 

1942 Code § 3818; 1932 Code § 3818; Civ. C. '22 § 1058; Civ. C. '12 § 935; Civ. C. '02 
§ 753; R. S. 643; 1893 (21) 482; 1899 (23) 1; 1908 (25) 1186, 1350, 1912; 1909 (26) 124, 
180; 1910 (26) 685. 687, 699. 700; 1911 (27) 62; 1913 (28) 121, 146; 1915 (29) 420. 515; 
1916 (29) 793, 798, 859; 1918 (30) 836; 1921 (32) 60, 102; 1922 (32) 964; 1924 (33) 1075: 
1925 (34) 122; 1934 (38) 1552; 1937 (40) 37; 1940 (41) 1659; 1941 (42) 253. 

§ 14-703. Apportionment of appropriations. 

The governing body of the county shall so apportion the appropriations for 
the maintenance of the chain gang, for roads and bridges and other similar 
appropriations as to cover the total expenses of the county for these items for 
the entire fiscal year for which they may be respectively appropriated. 

1942 Code § 3900; 1932 Code § 3900; Civ. C. '22 § 1139; 1916 (29) 841. 

§ 14-704. Hours of county officers. 

The officials of Abbeville County having offices in the courthouse of said 
county may close their offices during one half of a day each week during the 
months of June, July and August of each year. The time for which such 
offices are closed shall be for holiday purposes for the officials and their help. 
The officials may among themselves determine the day and time during each 
week of the closing of such offices. 

1942 Code § 3902-4; 1939 (41) 457. 

152 



§ 14-711 Counties § 14-721 

Article 2. 
Officers' Salaries. 

§ 14-711. Certain officers to receive salaries in lieu of fees. 

In lieu of the retention of fees, costs and charges the clerk of court of com- 
mon pleas and general sessions, register of mesne conveyances, sheriff, judge 
of probate, county treasurer and county auditor shall receive annual salaries, 
payable one-twelfth monthly. The county treasurer and county auditor shall 
be paid by the county one-half of whatever sum is paid by the State. 

1942 Code §3895; 193S (39) 15; 1936 (39) 1325; 1951 (47) 506. 

§ 14-712. Accounting for fees collected. 

Such county officers shall keep separately, in duplicate, accurate and com- 
pletely itemized accounts of all fees collected, and on or before the tenth day 
of each calendar month they shall deliver one copy, sworn to by such officers, 
respectively, to the treasurer of the county together with the payment to such 
treasurer in full of all fees, costs and charges collected during the preceding 
calendar month. The official bonds of such officers shall be responsible for 
any failure to collect and pay the same to the treasurer. 

1942 Code § 3895; 1935 (39) 15; 1936 (39) 1325. 

§14-713. Payment of salaries. 

Upon the filing of such sworn itemized statement appearing correct in form 
to the treasurer and payment of the sum thereby shown to be due having been 
made, the treasurer shall certify to the governing body of the county that 
such officer has complied with the requirements of § 14-712 and until receipt 
of such certificate the governing body shall not pay to any county officer 
mentioned in § 14-711 his salary for the preceding month. 

1942 Code § 3895; 1935 (39) IS; 1936 (39) 1325. 

§ 14-714. Forms; statement of fees public record. 

The forms for the account, statement and certificate hereby required may 
be prescribed and furnished by the county, and each officer required to keep 
and submit them shall retain one copy of each monthly statement as a per- 
manent public record of his office. The treasurer shall likewise preserve as a 
permanent and public record of his office the sworn monthly statement 
submitted to him by each officer, filed in an orderly manner and readily ac- 
cessible. 

1942 Code § 3895; 1935 (39) 15; 1936 (39) 1325. 

Article 3. 

Claims against County. 

§14-721. Form of claims. 

The governing body of the county shall obtain and keep on hand a supply 
of forms upon which all claims against the county shall be made as now re- 
quired by law and upon which shall also appear: 

153 



§ 14-722 Code of Laws of South Carolina § 14-724 

(1) A certificate of the members of the governing body to the effect (a) 
that the claim is for a salary or fees allowed by law, and (b) that claimant 
has filed all reports required by law or (c) that the claim is for work, material 
or supplies furnished the county, and (d) that he personally has examined the 
work or knows that the material or supplies were furnished and (e) that the 
claim is just and reasonable and a proper charge against the county; and 

(2) A certificate for the county attorney to sign to the effect that the claim 
has been entered in the File Book of Claims, as required by law, and is prop- 
erly itemized and verified, authorized by law or provided for in the county 
supply act and properly certified to by one of the supervisors. 

1942 Code § 3894; 1932 Code § 3894; Civ. C. '22 § 1133; 1916 (29) 841. 

§ 14-722. Entry of claims prior to meeting. 

Every claim against the county must be entered in the File Book of Claims, 
for ten days before it can be paid. The clerk of the governing body of the 
county shall notify the county auditor ten days before the board meets to pay 
claims, and the auditor or his deputy shall thereupon make a notation in the 
File Book of Claims over his signature on the line immediately following the 
last claim filed. No claim thereafter filed can be paid at the ensuing meeting 
of the board. 

1942 Code § 3893; 1932 Code § 3893; Civ. C. '22 § 1132; 1916 (29) 841. 

§ 14-723. Approval of claims. 

A majority of the governing body of the county shall approve all claims 

against the county before the same can be paid. 

1942 Code § 3818; 1932 Code § 3818; Civ. C. '22 § 1058; Civ. C. '12 § 935; Civ. C. '02 
§ 753; R. S. 643; 1893 (21) 482; 1899 (23) 1; 1908 (25) 1186, 1350, 1912; 1909 (26) 124, 
180; 1910 (26) 685, 687, 699, 700; 1911 (27) 62; 1913 (28) 121, 146; 1915 (29) 420, 515; 
1916 (29) 793, 798, 859; 1918 (30) 836; 1921 (32) 60, 102; 1922 (32) 964; 1924 (33) 1075; 
1925 (34) 122; 1934 (38) 1552; 1937 (40) 37; 1940 (41) 1659; 1941 (42) 253. 

§ 14-724. Warrants drawn only on and not to exceed specific appropriations. 

The governing body of the county shall not draw any warrant upon the 
county treasurer to be paid out of any of the several funds specifically appro- 
priated for any purpose other than that for which the same shall have been 
so appropriated, and it shall be unlawful for the county treasurer to pay any 
such warrant so drawn. It shall be unlawful for the governing body of the 
county or any member thereof to create by contract, express or implied, any 
obligation against the county which, with the obligations then existing and 
chargeable to any particular item of appropriation, shall exceed the amount 
specifically appropriated therefor. Should the governing body of the county 
or any member thereof violate the provisions of this section the claim resulting 
therefrom shall be declared null and void as against the county, and the officer 
offending shall be held responsible to the claimant therefor upon his official 
bond. 

1942 Code § 3889; 1932 Code § 3889; Civ. C. '22 § 1129; 1916 (29) 841. 



154 



§ 14-731 Counties § 14-733 

Article 4. 
Purchase of Supplies and Construction Contracts. 

§ 14-731. Advertisement for supplies ; emergencies. 

Every three months the governing body of the county shall advertise for 
at least three weeks in at least three issues of one or more of the newspapers 
published in the city of Abbeville for bids, based on delivery at the courthouse 
unless otherwise specified, for all implements and supplies of whatever kind 
desired by the county and each and every officer thereof, including all supplies, 
equipment and purchases whatsoever for the governing body, sheriff, clerk 
of court, treasurer, auditor, judge of probate, magistrates, poorhouse, chain- 
gang, roads and bridges and every other purpose. Such advertisement shall 
set forth the articles and approximately the amounts thereof to be purchased, 
and the contracts of purchase shall be awarded to the lowest bidder for the 
period of three months. But in case of emergency the governing body of the 
county may make purchase for the county without such advertisement 
when the cost of such purchase does not exceed twenty-five dollars, and for 
such purpose a majority of the governing body shall certify on the claim the 
necessity therefor. And in case of emergency an advertisement, as hereinbe- 
fore provided for, may be inserted at any time, but all contracts for purchases 
of supplies shall be in accordance with the provisions of this section, and no 
bill, account or claim of any kind whatsoever against the county shall be paid 
unless previously contracted for as a result of such competitive bidding or by 
the governing body of the county in cases of certified emergency. 

1942 Code § 3896; 1932 Code § 3S96; Civ. C. '22 § 1135; 1916 (29) 841. 

§ 14-732. Advertisement for bids on construction; award. 

The governing body of the county shall advertise for at least two weeks in 
at least two issues of a newspaper published in the county or post, in three or 
more conspicuous places likely to give the most publicity thereto, advertise- 
ments for bids on new or repair work on the roads and bridges of the county 
or any of the public buildings of the county when the cost thereof will exceed 
twenty-five dollars, and the contract therefor according to the plans and speci- 
fications, a duplicate of which shall be kept on file in the office of the governing 
body, shall be awarded to the lowest responsible bidder. 

1942 Code § 3897; 1932 Code § 3897; Civ. C. '22 § 1136; 1916 (29) 841. 

§ 14-733. No payment until work accepted. 

No work for the county shall be paid for until it has been completed, inspect- 
ed and accepted. 

1942 Code § 3897; 1932 Code § 3897; Civ. C. '22 § 1136; 1916 (29) 841. 



155 



§ 14-751 



Code of Laws of South Carolina 

CHAPTER 16. 
Aiken County. 



§ 14-752 



Article 1. 
General Provisions. 

Sec. 

14-751. Certain contracts and obligations 
for payment of money legal. 

14-752. The county board. 

14-753. Supervisor; term; election; bond. 

14-754. Commissioners; terms and bond. 

14-755. Districts; commissioners to be resi- 
dents. 

14-756. Vacancy in office of supervisor or 
commissioner. 

14-757. Duties and powers of commis- 
sioners. 

14-758. Farming lands of county. 

14-759. Blank. 

14-760. Duties and powers of supervisor. 

14-761. Supervisor custodian of county 
property. 

14-762. Clerk; duties and compensation. 

14-763. Attorney; compensation. 

14-764. Hours of work of clerks. 

14-765. Hours of work of county officers 
generally. 



Article 2. 
Salaries of Certain Officers. 



Sec. 
14-771. 



Salaries in lieu of fees for certain 
officers. 

14-772. Blank. 

14-773. Collection of fees. 

14-774. Fees collected to be paid to treas- 
urer. 

14-775. Procedure when parties unable to 
pay costs in advance; foreclosure 
and partition. 

14-776. Penalty. 

Article 3. 
Claims against County. 

14-781. Claims; accounts; publication. 

14-782. Approval of bills. 

14-783. Governing body to publish state- 
ment. 

14-784. Salaries not to be paid until duties 
complied with. 

14-785. Appropriation for publication. 



Article 1. 
General Provisions. 

§ 14-751. Certain contracts and obligations for payment of money legal. 

The officers of Aiken County having the authority to make contracts for the 
payment or receipt of money may obligate the county for the payment or re- 
ceipt of such interest and principal, payable at such times as such officers 
may deem proper, and when such contracts or obligations are made by such 
officers and approved by a majority of the county legislative delegation such 
contracts or obligations shall be binding and legal obligations of the county 
for the payment of interest or principal. 

1942 Code § 3925; 1936 (39) 1596. 

§ 14-752. The county board. 

The government, executive control, administration and management of the 
business and financial affairs of the county is vested in a board of four 
members consisting of a supervisor, to be chosen in the manner provided in 
§ 14-753, and three district commissioners representing, respectively, the 
three territorial or commission districts as provided for and defined under 
§ 14-755 and therein designated as districts Nos. 1, 2 and 3. Said board shall 
be designated and known as "The County Board of Aiken County" and shall 
be vested with all the powers and charged with all the duties exercised by and 
imposed upon boards of county commissioners, except as otherwise provided 
by the terms of this article. 

1942 Code § 3903; 1941 (42) 131. 

156 



§ 14-753 Counties § 14-757 

§ 14-753. Supervisor ; term ; election ; bond. 

The supervisor provided for under § 14-752 and his successors in office 
shall be residents and qualified electors of the county. His term of 
office shall be four years and until his successor shall have been elected and 
qualified, and he shall be elected by the voters of the county at large in like 
manner as the district commissioners are elected in their respective districts. 
Before entering upon his duties as such the supervisor shall enter into bond 
in due form in the sum of three thousand dollars conditioned for the faithful 
performance of his duties, the premium thereon to be paid by the county. 

1942 Code § 3903-1; 1941 (42) 131. 

§ 14-754. Commissioners ; terms and bond. 

Each commissioner shall hold office for a term of four years, unless sooner 

removed for incapacity, neglect or other sufficient cause by the Governor, upon 

recommendation by the grand jury, and, before entering upon their duties as 

such, they shall each qualify by entering into bond in the sum of one thousand 

dollars, conditioned for the faithful performance of their respective duties, 

the premiums thereon to be paid by the county. 

1942 Code § 3903-2; 1932 Code § 3903; Civ. C. '22 § 1142; Civ. C. '12 § 1005: 1908 (25) 
1186; 1911 (27) 61; 1913 (28) 131; 1915 (29) 224; 1918 (30) 842; 1920 (31) 1055; 1929 
(36) 222; 1932 (37) 1385; 1941 (42) 131. 

§ 14-755. Districts ; commissioners to be residents. 

The county commissioners shall be elected one from each of the following 
districts composed as follows: No. 1 — Hammond, Shaws, Gregg, Langley and 
Shultz townships; No. 2 — Aiken, Silverton, Sleepy Hollow, Windsor and 
Millbrook townships; and No. 3 — Wards, Chinquapin, Rocky Spring, McTier, 
Giddy Swamp, Hopewell, Rocky Grove and Tabernacle townships. The com- 
missioners from each of the aforesaid districts shall be elected by the voters 
of the respective districts and each of the commissioners shall reside in the 
district from which he is elected and likewise shall any successor or suc- 
cessors thereof. 

1942 Code § 3904; 1932 Code § 3904; Civ. C. '22 § 1143; Civ. C. '12 § 1004: 1908 (25) 
1186; 1911 (27) 61; 1912 (27) 852; 1913 (28) 131; 1914 (28) 696; 1918 (30) 842; 1920 
(31) 1055; 1929 (36) 222; 1941 (42) 131. 

§ 14-756. Vacancy in office of supervisor or commissioner. 

Any vacancy occurring in the office of supervisor or of commissioner, caused 
by death, resignation or removal for whatever cause, shall be filled by appoint- 
ment of the Governor upon the recommendation of the county legislative dele- 
gation, such appointment to be for the unexpired term and until the successor 
of any person so appointed shall have been duly elected and qualified. 

1942 Code § 3903-3; 1941 (42) 131. 

§ 14-757. Duties and powers of commissioners. 

The district commissioners shall control all county roads and bridges in 
their respective districts and shall be responsible for and supervise the upkeep 
and maintenance thereof. But no new roads or bridges shall be constructed 

157 



§ 14-758 Code of Laws of South Carolina § 14-762 

in any of said districts and no sum shall be appropriated or expended therefor 
except upon the approval of the county board as a whole. The district com- 
missioners shall hire and discharge any and all employees necessary to be 
kept in service in their respective districts, but the compensation of all district 
employees shall be fixed and approved by the county board as a whole. 
1942 Code § 3903-4; 1941 (42) 131. 

§ 14-758. Farming lands of county. 

The county board may, in its discretion, farm so much of the farm lands 
belonging to the county as in its judgment will prove profitable. Nothing shall 
be planted upon such farm lands other than such food crops as may be needed 
and advantageously used by the county or an institution supported by it. In 
providing labor in the operation of such farm lands the board may use any of 
the county convicts. 

1942 Code § 3903-7; 1941 (42) 131. 

§ 14-759. Blank. 

§ 14-760. Duties and powers of supervisor. 

The supervisor shall devote his entire time and attention to the duties of 
his office and shall receive as compensation for his services an annual salary, 
payable monthly. As a member of the board he shall exercise the powers 
as such and shall serve as chairman thereof. He shall have sole and 
exclusive charge of the county shops and direct the operation and man- 
agement thereof and he shall have charge of the county office, with 
the exclusive right to hire and discharge, in his discretion, all employees 
necessary to be employed and retained for the operation of the shops and 
maintenance and management of the office. He shall also have and exercise 
the sole power to purchase all gasoline, oils and supplies of whatever kind or 
nature necessary to be purchased for the use of the county and maintenance 
of its properties, shall be the custodian of all the supplies and property so pur- 
chased and as well of all property and supplies now owned by the county and 
he shall be accountable and responsible for the disposition and use thereof. 
But the purchase of all road or other machinery or equipment costing as much 
as five hundred dollars shall be subject to the approval of the county legis- 
lative delegation. 

1942 Code §3903-5; 1941 (42) 131; 1951 (47) 506. 

§ 14-761. Supervisor custodian of county property. 

The supervisor shall be the custodian of all supplies, machinery and equip- 
ment and all other properties of whatever kind or nature owned by the county 
and shall be accountable and responsible for the disposition and use of the 
same. 

1942 Code § 3903-6; 1941 (42) 131. 

§ 14-762. Clerk ; duties and compensation. 

The governing body of the county may employ a clerk, who shall keep his 

158 



§ 14-763 Counties § 14-772 

office open ever)' day except Sunday. He shall keep the books for the office, 
and shall keep the minutes of each meeting of the governing body and shall 
perform such other work as shall be required of him by the governing body. 
The clerk shall receive for his services an annual salary payable in monthly 
installments. 

1942 Code § 3918; 1932 Code § 3918; Civ. C. '22 § 1157; 1912 (27) 852; 1913 (28) 131: 
1914 (28) 696; 1918 (30) 842; 1920 (31) 1055; 1921 (32) 88; 1941 (42) 131; 1951 (47) 506. 

§14-763. Attorney; compensation. 

The governing body of the county may employ the services of an attorney 

at law who shall attend all meetings of said body and shall advise it at all 

times when called upon and shall represent said county in all suits affecting 

it. Such attorney shall receive an annual salary for his services, payable 

monthly. 

1942 Code § 3919; 1932 Code § 3919; Civ. C. '22 § 1158; 1912 (27) 852; 1913 (28) 131; 
1914 (28) 696; 1918 (30) 842; 1920 (31) 1055; 1941 (42) 131; 1951 (47) 506. 

§ 14-764. Hours of work of clerks. 

No officer of the county shall require any clerk or clerk aid whose salary 
is paid or partially paid from funds of the county to work any longer than eight 
hours in any one day. 

1946 (44) 1434. 

§ 14-765. Hours of work of county officers generally. 

All officers of Aiken County may close their respective offices at one o'clock 
P. M. on Saturday of each week and keep them closed for the remainder of 
each such day. 

1942 Code § 3926; 1938 (40) 1715. 

Article 2. 
Salaries of Certain Officers. 

§ 14-771. Salaries in lieu of fees for certain officers. 

The clerk of court and register of mesne conveyances, treasurer, auditor, 
sheriff, superintendent of education, probate judge, master and all magistrates 
and constables of the county shall receive as compensation for performing the 
duties of their respective offices such salaries and expenses as may be pro- 
vided for in the annual supply act of the county or in some other act of the 
General Assembly of this State. Such salaries and expenses shall be in lieu 
of all fees, commissions and costs of whatever nature and description pertinent 
to their respective offices ; provided that, the performing of marriage ceremonies 
by the probate judge not being an official duty, any compensation received by 
him for performing such ceremonies may be retained by him as his individual 
property. 

1948 (45) 1865. 

§ 14-772. Blank. 

159 



§ 14-773 Code of Laws of South Carolina § 14-781 

§ 14-773. Collection of fees. 

Every officer named in § 14-771 receiving compensation in lieu of fees, com- 
missions and costs as herein provided shall charge and, except as in this article 
otherwise provided, collect in advance the costs, commissions and fees perti- 
nent to his office as provided by law. 

1948 (45) 1865. 

§ 14-774. Fees collected to be paid to treasurer. 

All such costs, commissions and fees shall, on or before the tenth day of 
each month, be paid over to the treasurer of the county by the officer collecting 
them during the preceding calendar month, and at the same time such officer 
shall file with the treasurer a verified itemized statement of the same in dupli- 
cate, on blanks approved by the treasurer of the county and furnished to such 
officers. The money so paid to the treasurer shall be placed by him in the 
general funds of the county. 

1948 (45) 1865. 

§ 14-775. Procedure when parties unable to pay costs in advance; foreclosure 
and partition. 

In the event that any party desiring to institute a suit, action or special 
proceeding in any court in the county is financially unable to advance the fees 
required of him and required to be collected in advance under the provisions 
of this article and such fact shall be made to appear by affidavit to the satis- 
faction of the clerk of the court wherein such suit, action or special proceeding 
is brought or the judge thereof, such party shall be relieved by order of such 
clerk or of the court of the necessity of paying in advance the fees, commis- 
sions and costs as required under the provisions of this article. All such costs, 
commissions and fees, however, shall be taxed upon the determination of the 
suit, action or proceeding and shall be paid by such party if and when any 
judgment in his favor shall be collected, or, if judgment be entered against 
him for the amount thereof, when such judgment is collected. All costs, com- 
missions and fees in actions of foreclosure of mortgages or other liens on real 
or personal property and in actions for partition of real estate shall be taxed 
and paid out of the proceeds of the sale of the property. 

1948 (45) 1865. 

§ 14-776. Penalty. 

Any officer wilfully violating any of the provisions of this article shall be 
guilty of a misdemeanor and shall be punished in the discretion of the court. 

1948 (45) 1865. 

Article 3. 

Claims against County. 

§ 14-781. Claims; accounts; publication. 

The governing body of the county shall be charged with the duty of passing 
upon all claims against the county which are presented to it duly itemized 

160 



§ 14-782 Counties § 14-785 

and sworn to, and no claims against the county shall be paid unless so itemized 
and sworn to and duly approved by a majority of the governing body. The 
governing body shall keep proper books of account of all expenditures and 
shall publish each month a statement of such expenditures in one of the news- 
papers published in the county. 

1942 Code § 3913; 1932 Code § 3913; Civ. C. '22 § 1152; Civ. C. '12 § 1015; 1908 (25) 
1186; 1912 (27) 852; 1913 (28) 131; 1914 (28) 696; 1918 (30) 842; 1920 (31) 1055; 1941 
(42) 131. 

§14-782. Approval of bills. 

Before any bill is approved for payment the district commissioner shall 
certify in writing that he has personally inspected the work for which such 
bill is rendered and that it has been done in accordance with contract or in- 
struction of the governing body of the county. 

1942 Code § 3915; 1932 Code § 3915; Civ. C. '22 § 1154; 1916 (29) 791; 1941 (42) 131. 

§ 14-783. Governing body to publish statement. 

The governing body shall publish monthly within ten days after each 
monthly meeting, in one or more newspapers published in the county, an 
itemized statement showing the expenditures for the previous month for 
roads, bridges, chain gang, poorhouse and all other work performed in the 
discretion or under the direction of the governing body, by contract or other- 
wise. Such statement shall show the name of each person in whose favor 
any warrant has been drawn and the work performed by each and shall fur- 
ther show in condensed tabulated form the whole amount of money spent 
during the fiscal year and the balance on hand for said purposes and shall 
give a brief outline of work contemplated for the succeeding month. 

1942 Code §3914; 1932 Code §3914: Civ. C. '22 §1153; Civ. C. "12 §§952, 1009; 1910 
(26) 671; 1916 (29) 791; 1941 (42) 131. 

§ 14-784. Salaries not to be paid until duties complied with. 

The treasurer of the county shall not pay the monthly salary of any member 
of the governing body of the county until written proof has been filed with 
him showing compliance with the provisions of this article. 

1942 Code § 3916: 1932 Code § 3916; Civ. C. '22 § 1155; 1916 (29) 791; 1941 (42) 131. 

§ 14-785. Appropriation for publication. 

The governing body of the county may pay not exceeding one hundred 
dollars per annum for the publication of the statements required, and if it 
is unable to contract with any newspaper for such publication at such sum 
it shall be relieved of the obligation to make such publication. 

1942 Code § 3917; 1932 Code § 3917; Civ. C. '22 § 1156; 1916 (29) 791; 1941 (42) 131. 



[2 SC Code] — 11 161 



§ 14-801 



Code of Laws of South Carolina 

CHAPTER 17. 
Allendale County. 



§ 14-802 



Article 1. 

General Provisions. 

Sec. 

14-801. Approvals and appointments during 
vacancy in legislative delegation. 

14-802. Contracts not to exceed appropria- 
tions. 

14-803. Fees accruing to treasurer's office 
go to general fund. 

Article 2. 
County Board of Directors. 

14-811. Establishment. 

14-812. Appointment; term; vacancies; 
bond. 

14-813. Chairman. 

14-814. Meetings; quorum; majority to act. 

14-815. Clerk; employees. 

14-816. Pay of clerk of court. 

14-817. Board sole governing body of coun- 
ty. 

14-818. Duties of board. 

14-819. Quarterly statements. 



Sec. 

14-820. Monthly and special meetings. 

Article 3. 
Purchases. 

14-831. Appointment of purchasing agent; 
compensation. 

14-832. Removal of agent; filling vacancy. 

14-833. Officers to file requisitions for sup- 
plies, etc.; other purchases pro- 
hibited. 

14-834. Board to approve requisitions; ad- 
vertisement for bids and award 
contracts. 

14-835. Emergency purchases. 

14-836. Board to attend letting of contracts 
for work over twenty dollars. 

14-837. Records; monthly reports. 

Article 4. 
Borrowing. 
14-841. Borrowing from sinking fund. 



Article 1. 
General Provisions. 

§ 14-801. Approvals and appointments during vacancy in legislative delegation. 

In the event of a vacancy occurring in the office of the Senator or repre- 
sentative in the General Assembly from Allendale County all duties pertaining 
to the borrowing of money by the county and its subdivisions and the expendi- 
ture of county and school funds and the recommendation and appointment 
of all officers in the county now requiring joint action on the part of the 
Senator and representative shall, during the period of such vacancy, devolve 
upon the remaining member of the legislative delegation from the county, 
and such remaining member may, during the period of such vacancy, per- 
form all of such duties with the same legal, valid and binding effect as if they 
had been acted upon by the full delegation in the General Assembly from the 
county. 

1942 Code § 3954; 1936 (39) 1663. 

§ 14-802. Contracts not to exceed appropriations. 

No contracts shall be made, accounts approved or warrants drawn in excess 
of the appropriation made for any item in the annual supply act without the 
written approval of the county legislative delegation first obtained. 

1942 Code § 3949; 1932 Code § 3949; 1931 {37) 351; 1938 (40) 1632; 1940 (41) 1873. 



162 



[2SCCode] 



§ 14-803 Counties § 14-814 

§ 14-803. Fees accruing to treasurer's office go to general fund. 

All execution fees or other fees of whatever nature or kind accruing to the 
treasurer's office of the county shall be paid and credited to the general fund 
of the county. 

1942 (42) 1677. 

Article 2. 
County Board of Directors. 

§14-811. Establishment. 

The government and fiscal affairs of the county shall be administered by a 
county board of directors composed of four members who shall be appointed, 
serve for the term, exercise the powers and perform the duties as in this ar- 
ticle provided. 

1942 Code § 3939; 1940 (41) 1873; 1941 (42) 216, 315; 1949 (46) 463. 

§ 14-812. Appointment; term; vacancies; bond. 

The members of the board of directors shall be appointed by the Governor 
upon the recommendation of the legislative delegation from the county. The 
terms of office of the members shall be for the period of two years from the 
date of their respective appointments and until their respective successors 
have been appointed and duly qualified, unless sooner removed for cause. 
The members of the board shall be commissioned by the Governor. Any 
vacancy occurring on the board shall be filled by appointment in like man- 
ner for the unexpired term only. Before entering upon the duties and as- 
suming the powers as such the directors shall each qualify by subscribing 
to and filing the official oath prescribed by law and entering into bond in the 
sum of one thousand dollars, with surety to be approved by the clerk of court 
of the county, conditioned for the faithful performance of their duties as such, 
the form and execution of such bonds to be approved by the Attorney Gen- 
eral, the premiums thereon to be paid by the county. 

1942 Code § 3939; 1940 (41) 1873; 1941 (42) 216, 315; 1944 (43) 1319, 2259; 1948 (45) 
1885; 1949 (46) 463. 

§ 14-813. Chairman. 

The county board of directors shall elect from their number a chairman 
who shall preside, at all meetings and perform such other duties as may be 
designated by the board, not inconsistent with the terms of this article. 

1942 Code § 3939; 1940 (41) 1873; 1941 (42) 216, 315. 

§ 14-814. Meetings ; quorum ; majority to act. 

The directors shall meet at the office of the board for the transaction of 
business on the first Tuesday of each month and at such other times as may 
be necessary upon the call of the chairman. The presence of at least two 
members of the board shall be necessary to constitute a quorum, and a ma- 
jority vote at any regular meeting shall be sufficient for the approval or dis- 
approval of any matter considered by the board. 

1942 Code § 3939; 1940 (41) 1873; 1941 (42) 216, 315. 

163 



§ 14-815 Code of Laws of South Carolina § 14-818 

§ 14-815. Clerk; employees. 

The board shall employ a competent full-time office assistant, to be known 
as the clerk to the county board of directors, to keep the books and records 
of the county and to perform all clerical work incident thereto and to perform 
such other duties as may be assigned to him by the board. The board shall 
employ such other assistants, agents, servants and workmen as may be nec- 
essary to effectually operate and administer the affairs of the county. The 
clerk shall be paid for his services such salary as may be provided in the an- 
nual county supply act from year to year, and all other employees, in what- 
ever capacity so employed, shall receive such compensation as the board may 
fix, which shall be as low as may be consistent with securing competent em- 
ployees and efficient service. The clerk shall enter into bond in the sum of 
one thousand dollars, with surety to be approved by the board, conditioned 
for the faithful performance of his duties, the form and execution thereof to 
be approved by the Attorney General or the solicitor of the fourteenth ju- 
dicial circuit, the premium thereon to be paid by the county. 

1942 Code § 3940; 1941 (42) 216. 

§ 14-816. Pay of clerk of court. 

The clerk of the court of common pleas and general sessions of the county 
shall receive an annual salary, payable monthly, and all the fees now allowed 
by law. 

1942 Code §3955; 1932 Code §3955; 1923 (33) 117; 1951 (47) 506. 

§ 14-817. Board sole governing body of county. 

The county board of directors shall constitute the sole governing body of 
the county 

1942 Code § 3939; 1940 (41) 1873; 1941 (42) 216, 315. 

§ 14-818. Duties of board. 

The board shall be charged with the exercise of all the powers and duties 
devolved upon the former county board of commissioners and shall admin- 
ister the county's business, financial and fiscal affairs upon a systematic, eco- 
nomical and efficient basis. To that end and purpose the board shall provide 
and maintain at the county courthouse an office for the transacting of its 
business which shall be kept open as nearly as may be practicable on every 
business day of the year. In such office all books of account, correspondence 
and other records pertaining to the business and affairs of the county shall 
be kept and systematically filed as public records. The board shall also 
inaugurate and maintain, under such expert supervision and direction as may 
be essential, a system of receiving and disbursing funds and keeping an ac- 
curate check of the same and of accounting and bookkeeping to safeguard the 
public interest and accurately reveal the cost of maintaining all county in- 
stitutions and county property and the performance of all public work of every 
character; shall have the custody of, maintain and keep in repair all county 
property; shall be chargeable with and responsible for the construction, main- 
tenance and upkeep of the county highways, roads and bridges; and shall have 

164 



§ 14-819 Counties § 14-833 

full direction and control of the care, control of and work done by prisoners 
of the county. 

1942 Code § 3939: 1940 (41) 1873; 1941 (42) 216, 315; 1948 (45) 1758. 

§14-819. Quarterly statements. 

The board shall prepare and file quarterly with the county treasurer, for 
publication by him in connection with any report required of his office, an 
itemized sworn statement of all moneys received by the board, the sources 
from which they were received and each and every claim or bill against 
the county which shall have been approved or paid, or ordered paid, by the 
board. Such statement shall be totaled and show what balance, if any, re- 
mains to the credit of the office or what deficit, if any, exists therein. 

1942 Code § 3942: 1931 (37) 348; 1936 (39) 1424; 1940 (41) 1873. 

§ 14-820. Monthly and special meetings. 

The board shall hold regular meetings at the county seat on the first Tues- 
day in each month and such special meetings as may be necessary. 

1942 Code § 3942; 1932 Code § 3942; 1931 (37) 348; 1936 (39) 1424; 1940 (41) 1873. 

Article 3. 
Purchases. 

§ 14-831. Appointment of purchasing agent ; compensation. 

A purchasing agent for the county shall be employed by the governing body 
of the county, upon the recommendation of the legislative delegation of the 
county, and shall hold office for a term of four years. His compensation 
shall be annually fixed by the body, with the written approval of the legis- 
lative delegation, and he shall be paid as other county employees are paid. 

1942 Code § 3947; 1936 (39) 1424: 1940 (41) 1873. 

§ 14-832. Removal of agent ; filling vacancy. 

The purchasing agent may be removed or discharged for cause at any time 
by the body after being fully informed of the charges against him and given 
an opportunity to be heard, to offer evidence and to be represented by coun- 
sel at such hearing or hearings. In case of a vacancy caused by death, resig- 
nation, removal or otherwise a successor shall be chosen in like manner, for 
a term of four years. 

1942 Code § 3947; 1936 (39) 1424; 1940 (41) 1873. 

§ 14-833. Officers to file requisitions for supplies, etc.; other purchases pro- 
hibited. 
Each officer and department of the county shall file with the purchasing 
agent on or before the first Tuesday of each calendar month a requisition 
duly signed by the official or person making such requisition of the require- 
ments of such officer or department for the next following month, and no such 

165 



§ 14-83t Code of Laws of South Carolina § 14-841 

officer or department shall make any purchase of supplies, equipment or ma- 
terials except through the purchasing agent, as provided in this article. 
1942 Code § 3947; 1936 (39) 1424; 1940 (41) 1873. 

§ 14-834. Board to approve requisitions; advertisement for bids and award con- 
tracts. 

The purchasing agent shall, upon receiving the requisitions of officers and 
departments of the county, submit them to the governing body of the county, 
and the governing body shall approve, modify or disapprove them. There- 
after the purchasing agent shall advertise for sealed bids or proposals upon 
the supplies, equipment or materials authorized by the governing body to be 
purchased, by posting such advertisements upon the county bulletin board at 
the courthouse. But any such advertisement shall be published in a news- 
paper published in the county when so required by the governing body when 
the purchases to be made are larger than the usual monthly purchases of said 
county. The bidding shall close at noon on the third Tuesday of each month, 
and the purchases shall be made from the lowest responsible bidder or bid- 
ders meeting the specifications provided in the advertisements, the purchasing 
agent reserving the right to reject any or all bids. 

1942 Code § 3947; 1936 (39) 1424; 1940 (41) 1873. 

§ 14-835. Emergency purchases. 

In cases of emergency or immediate need, certified to by the officer or de- 
partment making the requisition, purchases not exceeding in amount fifty 
dollars may, with the approval of the governing body, be made forthwith 
without advertisement for bids. The purchases made as herein provided shall 
be paid for by the county treasurer upon the warrants of the purchasing agent. 

1942 Code § 3947; 1936 (39) 1424; 1940 (41) 1873. 

§ 14-836. Board to attend letting of contracts for work over twenty dollars. 

The board shall attend the letting out and receiving of any contract for 
public work in the county when the amount involved exceeds twenty dollars. 

1942 Code § 3943; 1932 Code § 3941; 1931 (37) 347; 1940 (41) 1873. 

§ 14-837. Records ; monthly reports. 

The purchasing agent shall keep a complete record of all requisitions and 
purchases made and copies of all advertisements and all bids and shall report 
monthly in writing on such matters in detailed form to the legislative dele- 
gation and to the governing body of the county. 

1942 Code § 3947; 1936 (39) 1424; 1940 (41) 1873. 

Article 4. 

Borrowing. 

§ 14-841. Borrowing from sinking fund. 

The treasurer and auditor of the county may borrow from any sinking fund 
held by the county treasurer such sum or sums as may be authorized and ap 

166 



§ 14-841 



Counties 



§ 14-841 



proved by the legislative delegation of the county in any one calendar year at 
such times as may be necessary for general county purposes or for the purpose 
of retiring any outstanding obligations of the county or any school district 
thereof or for such other purposes as the legislative delegation may approve. 
Any loan made hereunder shall be evidenced by the official note of the gov- 
erning body of the county payable to such sinking fund, such note to bear 
interest at a rate not less than the rate of interest at which the sinking fund 
shall be invested on the date of such loan. No loan shall be made hereunder 
except with the approval in writing of the legislative delegation duly endorsed 
upon the obligation or obligations issued hereunder. And the treasurer, au- 
ditor and the governing body of the county may do and perform any and all 
such acts as shall be necessary and proper to render effective the provisions 
of this section and to create a valid and binding obligation of the county, 
pledging the full faith and credit of the county and pledging as security all 
taxes or other revenue available for the purposes for which the money may be 
borrowed for payment of all sums which may be borrowed hereunder. Any 
sum borrowed hereunder on behalf of any school district shall be directly 
chargeable to such school district and shall constitute a valid and binding 
obligation thereof subject to the levy of such taxes as may be necessary for 
its payment. All notes or evidences of indebtedness executed hereunder shall 
be substantially in the form prescribed in § 14-458. 

1942 Code § 3948; 1933 (38) US; 1934 (38) 1390; 1940 (41) 1873. 



CHAPTER 18. 
Anderson County. 



Article 1. 
County Government. 
Sec. 

14-851. Composition of county board of 
commissioners. 

14-852. Districts. 

14-853. Qualification as to residence; ap- 
pointment. 

14-854. Terms; vacancy. 

14-855. Removal of members of board. 

14-856. Supervisor chairman of board. 

14-857. Clerk of board. 

14-858. Traveling expenses. 

14-859. General duties. 

14-860. Further duties of board. 

14-861. Recommendations to supervisor, de- 
partments, legislative delegation, 
etc. 

14-862. Employees; compensation. 

14-862.1. Custody of public buildings. 

14-863. Authority of supervisor. 



Sec. 

14-864. Commissioners not to have interest 
in contracts or furnish labor. 

14-865. Purchase of materials, supplies, 
equipment, etc. 

14-866. Penalties. 



Article 2. 
Financial Matters. 

Control of departmental finances. 
1. Deposits of public funds. 

Misdemeanor to spend in excess of 
appropriations, etc. 

Not liable on any claim unless ap- 
proved by county commissioners. 
1. Quarterly statement of treasurer. 

Publication of statements by super- 
visor and county commissioners. 

Annual audit. 

Appointment of auditor. 

Auditor changed annually. 

Copies of audit to certain officers. 



14-871, 
14-871. 
14-872, 

14-873 

14-873, 
14-874, 

14-875 
14-876 
14-877 
14-878 



167 



§ 14-851 Code of Laws of South Carolina § 14-854 

Article 3. Sec. 

Salaries, Expenses and Bonds of Certain 14-884. Deferment when property subject 

Officers. to costs - 

S ec _ 14-885. Same; when parties unable to pay 

i/i ooi c i • j c .. • in advance. 

14-eM. salaries and expenses of certain 

county officers. 14-886. Additional allowance for expenses, 

14-882. Costs and fees to be charged. clerical help and other assistance. 

14-883. Collection and payment of costs and 14-887. Penalties. 

fees to county. 14-888. Bonds of certain officers. 

Article 1. 
County Government. 

§ 14-851. Composition of county board of commissioners. 

There shall be five county commissioners in Anderson County, who, with the 
county supervisor, shall constitute the county board of commissioners, which 
shall be the governing body of said county. 

1942 Code § 3956; 1938 (40) 1627; 1940 (41) 1899. 

§ 14-852. Districts. 

The county is divided into five districts as follows : 

(1) The townships of Corner, Hall, Savannah and Varennes shall constitute 
and be known as district No. 1 ; 

(2) The townships of Rock Mills, Fork, Pendleton and Centersville shall 
constitute and be known as district No. 2; 

(3) The townships of Garvin, Bushy Creek, Williamston and Hopewell 
shall constitute and be known as district No. 3 ; 

(4) The townships of Belton, Broadway, Honea Path and Martin shall 
constitute and be known as district No. 4 ; and 

(5) School district No. 17 of Anderson County shall constitute and be known 
as district No. 5. 

Such portions of any of the townships above mentioned as are comprised 
within the area of school district No. 17 are declared not to form a part of 
any of the first four districts created but all such territory shall be and form 
a part of district No. 5. 

1942 Code § 3956: 1938 (40) 1627; 1940 (41) 1S99. 

§ 14-853. Qualification as to residence ; appointment. 

All of said commissioners and their successors shall be residents of their 
respective districts and shall be appointed by the Governor upon the recom- 
mendation of a majority of the members of the General Assembly from the 
county. 

1942 Code § 3956; 1938 (40) 1627; 1940 (41) 1899. 

§ 14-854. Terms ; vacancy. 

The commissioners shall hold office for terms of two years, commencing 
January first in each odd numbered year, and until their successors shall 
have been selected and qualified. In case of a vacancy in the office of 

168 



§ 14-855 Counties § 14-860 

any commissioner by reason of death, resignation or otherwise such 
vacancy shall be filled by appointment by the Governor upon a recom- 
mendation of a majority of the members of the General Assembly from the 
county, and such appointee shall hold office for and during the unexpired term 
of his predecessor and until his successor shall have been selected and quali- 
fied. 

1942 Code § 3956; 1938 (40) 1627; 1940 (41) 1899. 

§ 14-855. Removal of members of board. 

For failure to perform his duties, for any reason whatsoever, the Governor 
shall remove any member of the board upon the written request of a majority 
of the legislative delegation of the county. 

1948 (45) 1985. 

§ 14-856. Supervisor chairman of board. 

The county supervisor shall be the chairman of the county board of com- 
missioners. 

1942 Code § 3957; 1938 (40) 1627. 

§ 14-857. Clerk of board. 

A clerk to the board shall be selected for a period of two years, commencing 
July first in each even numbered year, by a majority of the board. The clerk 
may be discharged at any time by a majority of the board, with or without 
cause shown. 

1948 (45) 1985. 

§ 14-858. Traveling expenses. 

The commissioners of districts 1, 2, 3 and 4 shall receive the sum of three hun- 
dred dollars per annum, payable monthly, for traveling expense. 

1942 Code §3956; 1938 (40) 1627; 1940 (41) 1899. 

§ 14-859. General duties. 

When an}' duty under the general provisions of law is to be performed by 
the county board of commissioners or other governing body of counties 
and such is not specifically devolved under the terms of this chapter, the same 
shall be devolved vipon the board. 

1948 (45) 1985. 

§ 14-860. Further duties of board. 

The county board of commissioners shall meet at Anderson, South Carolina, 
on the first Tuesday in each month and oftener if necessary, audit all claims 
against the county, determine the important work of the county and devise 
plans for the prosecution thereof. It shall receive the financial reports of all 
county officers and coordinate as far as possible the work of such officers. It 
shall recommend to the legislative delegation such changes in the administra- 
tion of the county government as to it may seem conducive to more business- 
like and economical county government and shall pass upon and determine 

169 



§ 14-861 Code of Laws of South Carolina § 14-864 

all matters pertaining to the due administration of the county government 
It is distinctly declared that no important or expensive county projects shall 
he undertaken by the supervisor without the approval of the board, nor shall 
any claim be paid by the county without the approval of such board. 
1942 Code § 3962-3; 1934 (38) 1447; 1935 (39) 95; 1938 (40) 1627. 

§ 14-861. Recommendations to supervisor, departments, legislative delegation, 
etc. 

The board shall recommend the policies to be pursued by the supervisor 
and the other departments of the county, shall evaluate the services of the 
various employees in the departments, shall recommend to the county legis- 
lative delegation salaries to be paid the various county employees and the 
number of such employees as may be required by the various departments and 
offices in the judgment of the board and shall make such other recommenda- 
tions to the county legislative delegation as may be required from time to time, 
including recommendations for annual appropriations for each fiscal year for 
the various departments and offices in the county. 

1948 (45) 1985. 

§14-862. Employees; compensation. 

The county board of commissioners may employ and fix the compensation 
of all employees of the county who serve under the board. But this section 
shall not apply to the employment of convict guards. 

1942 Code § 3961: 1938 (40) 1627. 

§ 14-862.1. Custody of public buildings. 

The care, custody and control of the public buildings of the county is vested 
in the county board of commissioners and their successors in office, except the 
county courtroom, the clerk of court having the care, custody and control 
of the county courtroom. 

1942 Code § 3963; 1932 Code § 3963; 1924 (33) 945. 

§ 14-863. Authority of supervisor. 

The supervisor shall, subject to such limitations as may be herein placed 
upon him, have charge of the buildings and maintenance of roads, the county 
chain gang and county prisoners and is charged with the care and supervision 
of all county property not specifically falling under the care and supervision 
of the board. The supervisor shall have charge of all road construction and 
maintenance. 

1948 (45) 1985. 

§ 14-864. Commissioners not to have interest in contracts or furnish labor. 

The commissioners herein provided for shall not sell nor enter into any 
contract to sell supplies to the county and shall not furnish labor for any of 
the county's public works. 

1942 Code § 3959; 1938 (40) 1627. 

170 



§ 14-865 Counties § 14-871.1 

§ 14-865. Purchase of materials, supplies, equipment, etc. 

The board of county commissioners, before purchasing or placing an order 
for equipment, material, supplies, goods, wares and merchandise, or for any- 
thing whatsoever needed and used for county purposes, shall advertise for 
bids, giving reasonable notice therefor in at least two issues of some news- 
paper of large circulation in the county, asking for bids for the equipment, 
material, supplies, goods, wares or merchandise that may be needed, and shall 
place an order or orders with the lowest bidder or may reject any or all bids. 
But when a majority of the county board of commissioners, including the 
supervisor, deem it to the best interest of the county and shall so state in 
writing, such purchase or placing of an order may be made at private sale, 
provided that such purchase or placing of an order made at private sale shall 
not in any one instance exceed the sum of two hundred and fifty dollars, except 
in cases of emergency. In such cases, if it be declared by the entire board 
of county commissioners that an emergency exists, the amount of any pur- 
chase or the placing of any order at private sale shall not be limited to the sum 
of two hundred and fifty dollars. 

1942 Code § 3960; 1938 (40) 1627. 

§ 14-866. Penalties. 

Any member of the board of county commissioners or any employee thereof 
who violates any of the provisions of this article shall be guilty of malfeasance 
in office and shall be subject to removal by the Governor upon the written 
recommendation of a majority of the legislative delegation from the county 
and, in addition thereto, shall be subject to such other penalties and punish- 
ment as may be provided by law. 

1942 Code § 3962; 1938 (40) 1627. 

Article 2. 
Financial Mailers. 

§ 14-871. Control of departmental finances. 

The county board of commissioners of the county shall have general super- 
vision and control over all financial affairs of the departments of the county 
to the end that each department shall operate within its appropriations and 
other revenues. Said board shall devise plans and formulate regulations so 
as to obtain the results herein stated. They shall budget the various ap- 
propriations and revenues credited to the respective departments and the 
various official accounts so as to maintain such control as is necessary to 
keep such departments and officers operating within the appropriations and 
funds credited to the respective departments. 

1948 (45j 1985. 

§ 14-871.1. Deposits of public funds. 

Every State or county official shall be required, upon the deposit of any 
public or trust funds, to exact as a condition prerequisite on the part of any 
bank of the county made a depository either for check account or savings ac- 

171 



§ 14-872 Code of Laws of South Carolina § 14-874 

count, an indemnity bond in such amount as will reasonably protect the county 
against loss in the event of defalcation, insolvency or liquidation of such bank 
for any cause. Any public officer failing to require and keep in effect such bond 
shall be guilty of malfeasance in office, constituting default under his official 
bond. In the alternative, the depositor may require the bank in which such 
deposit is made to pledge as security therefor marketable securities having a 
market value of not less than the amount of the deposit and in such event 
such securities may be deposited for safekeeping with a bank or trust com- 
pany mutually satisfactory to the pledgor of such securities and to the 
governing body and treasurer of the county. 

1942 Code §2842-4; 1932 Code §2805; 1923 (33) 513; 1936 (39) 1365. 

§ 14-872. Misdemeanor to spend in excess of appropriations, etc. 

Any head or responsible agent or employee of any department of the county 
who shall cause to be made or bring about a deficiency of funds in the opera- 
tion of such department or shall spend or cause to be spent any amounts in 
excess of the amounts appropriated for the operation of such department or in 
excess during any period of the amount allocated or allowed him by such 
department under authority given in § 14-871 shall be guilty of a misde- 
meanor and, upon conviction thereof, shall be fined in an amount not exceed- 
ing one thousand dollars or imprisoned not exceeding one year, in the dis- 
cretion of the court. The board shall see that the provisions of this section 
are carried out. 

1948 (45) 1985. 

§ 14-873. Not liable on any claim unless approved by county commissioners. 

Before the county shall be liable for any indebtedness for supplies or other 
property to be used by the county the board of county commissioners shall 
approve the same. 

1942 Code § 3964; 1932 Code § 3964; 1924 (33) 945. 

§ 14-873.1. Quarterly statement of treasurer. 

The county treasurer shall file with the supervisor at the end of each quar- 
ter a statement showing the amount of moneys on hand to the credit of the 
county and to which department or branch of the county the several funds 
properly belong. 

1942 Code §3826; 1932 Code §3826; Civ. C. '22 §1066; 1915 (29) 449; 1920 (31) 1001; 
1922 (32) 968. 

§ 14-874. Publication of statements by supervisor and county commissioners. 

The county board of commissioners of the county shall publish. 
at the end of every quarter, one time, in some newspaper published daily, 
weekly, semi-weekly or bi-weekly in said count}-, after securing competitive 
bids, to be awarded upon a basis of total circulation, for the printing thereof 
and awarding the same to the lowest responsible bidder, a verified statement 
showing : 

(1) The sum total of all moneys received by the county board of commis- 

172 



§ 14-875 Counties § 14-878 

sioners, stating how and from what source such moneys or receipts were de- 
rived; 

(2) A verified itemized statement showing each and every bill or claim 
against the county which shall have been approved and paid by the board, 
setting forth the name of the claimant, the amount, and the purpose for which 
the same was paid ; 

(3) A statement of the full amount of the floating and the bonded indebt- 
edness of said county at the time of making the quarterly statements herein. 

Such publication shall not be made nor this section complied with unless 
a bid be received to publish all four of such quarterly statements for the en- 
suing year for not exceeding six hundred dollars. 

Except as provided in the preceding sentence, the failure of the supervisor 
and the county board of commissioners to publish the quarterly statements 
herein provided for within thirty days from the end of each quarter shall sub- 
ject such officers to a penalty of ten dollars for each and every day of such 
failure of duty, after the lapse of thirty days, as above provided. 

1942 Code § 3967: 1932 Code § 3967; 1922 (32) 968; 1933 (38) 393. 

§14-875. Annual audit. 

The books of the county shall be audited annually at the end of each fiscal 
year by a certified public accountant licensed to do business in South Caro- 
lina or other competent auditors. Such audit shall cover the records of all 
the county officials and the various county agencies. 

1942 Code § 3971; 1932 Code § 3971; 1931 (37) 218; 1935 (39) 210. 

§14-876. Appointment of auditor. 

The auditor to conduct the audit shall be appointed by a majority of the 
county legislative delegation at a compensation agreed upon by a majority 
of the delegation. 

1942 Code § 3971; 1932 Code § 3971; 1931 (37) 218; 1935 (39) 210. 

§ 14-877. Auditor changed annually. 

The auditors selected shall be changed annually so that the same auditor 
shall not be selected at any greater frequency than once in three years. 

1942 Code § 3971; 1932 Code § 3971; 1931 (37) 218; 1935 (39) 210. 

§ 14-878. Copies of audit to certain officers. 

Copies of the audit shall be furnished the county legislative delegation and 
the grand jury, and one copy shall be filed in the office of the clerk of court, 
which shall be deemed a public record and available to the public as other 
public records. 

1942 Code § 3971; 1932 Code § 3971; 1931 (.37) 218; 1935 (39) 210. 



173 



§ 14-881 Code of Laws of South Carolina § 14-885 

Article 3. 
Salaries, Expenses and Bonds of Certain Officers. 

§ 14-881. Salaries and expenses of certain county officers. 

The county officials hereinafter named shall receive as compensation salaries 
and the following expenses in lieu of all fees, to wit : sheriff, eighteen hun- 
dred dollars traveling expenses; probate judge, one clerk; clerk of court, two 
clerks; auditor, two clerks; treasurer, one clerk; supervisor, one clerk and 
one automobile for the use of the supervisor and the county engineer, and 
superintendent of education. The salaries and such expenses shall be in 
lieu of all fees of whatever nature or description collected by the aforesaid 
officers as provided for by law, including all fees or costs accruing by virtue 
of their offices. 

1942 Code §3966; 1938 (40) 1862; 1951 (47) 506. 

§ 14-882. Costs and fees to be charged. 

Said respective officers of said county shall charge such costs and fees perti- 
nent to their respective offices as are now or may hereafter be provided by 
law. 

1942 Code § 3966; 1938 (40) 1862. 

§ 14-883. Collection and payment of costs and fees to county. 

All costs and fees now required by law to be paid to the aforesaid officers 
and accruing by virtue of said offices shall be paid in advance and all such 
costs and fees collected by the aforesaid officers shall be, by the official col- 
lecting same, paid over to the treasurer of the county on or by the first Wednes- 
day of each month. At the same time such officers shall file with the treasurer 
verified, itemized statements in duplicate, on blanks approved by the treasurer 
of said county and furnished to the officers by the county. 

1942 Code § 3966; 1938 (40) 1862. 

§ 14-884. Deferment when property subject to costs. 

Upon application of a party or his attorney to any officer charged with the 
collection of any such costs or fees, if it appears to the satisfaction of such 
officer that the property involved in the action is abundantly ample to cover 
such fees and costs and will be chargeable therewith, he shall not require the 
same to be collected in advance, but the payment thereof shall be made upon 
the termination of the action or proceeding. All costs and fees in actions in 
foreclosure of mortgages or other liens on real or personal property and in 
actions for partition of real estate shall be taxed and paid out of the proceeds 
of sale of the property. 

1942 Code § 3966; 1938 (40) 1862. 

§ 14-885. Same ; when parties unable to pay in advance. 

In the event that any person desiring to institute a suit, action or special 
proceeding in any court in the county is unable to advance the fees required 
of him under the terms of this article and such fact shall be made to appear by 

174 



§ 14-886 Counties § 14-888 

affidavit to the satisfaction of the clerk of such court, or to the judge thereof, 
such party shall be entitled to be relieved by order of the clerk or of the court, 
as the case may be, of the necessity of paying in advance the fees and costs 
as required under other provisions of this article. All such costs, charges and 
fees, however, shall be taxed upon the determination of the suit as provided 
by law and shall be paid by any such party if and when any judgment in his 
favor shall be collected, or, if judgment be entered against him for the amount 
thereof, when such judgment is collectible. 
1942 Code § 3966: 1938 (40) 1862. 

§ 14-886. Additional allowance for expenses, clerical help and other assistance. 

In addition to the provisions set out in § 14-881 the General Assembly may 
from year to year provide for additional allowance of expenses and clerical 
help or other assistance for such officials as it may think proper, such provi- 
sion to be made in the annual supply act for said county or by other statutory 
enactment. But the officials mentioned in § 14-881 shall not in any manner 
profit by the moneys paid for clerical help or other assistance, and such cler- 
ical help shall be paid only on vouchers, properly drawn, which shall be sworn 
to by the claimants and countersigned by the county supervisor. 

1942 Code § 3966: 1938 (40) 1862. 

§ 14-887. Penalties. 

Any official violating any of the terms, conditions and provisions of §§ 14- 
881 to 14-886 shall be subject to the payment of a fine of not less than 
five hundred dollars nor more than five thousand dollars or not less than three 
months nor more than twelve months imprisonment upon the public works 
of the county for each and every offense hereunder. 

1942 Code § 3966; 1938 (40) 1862. 

§ 14-888. Bonds of certain officers. 

The following officers in the county are required to furnish bonds to said 
county and to the State of South Carolina in the following amounts, to wit : 
supervisor, twenty-five thousand dollars ; clerk to the county board of com- 
missioners, ten thousand dollars; and superintendent of the poor farm, five 
thousand dollars. The premiums on said bonds shall be paid by Anderson 
County. The deputy sheriffs and constables in the county are required to fur- 
nish bonds in the sum of one thousand dollars, payable to the county and the 
State of South Carolina ; provided, however, that in case any of such deputy 
sheriffs or constables are now required to furnish bonds in a greater amount 
than herein provided, this section shall not affect same. Such deputy sheriffs 
and constables shall pay the premium on such bonds. The bonds herein pro- 
vided for shall be furnished by a bonding company doing business in this 
State. 

1942 Code § 3968; 1932 Code § 3968; 1929 (36) 31. 



175 



§ 14-901 



Code of Laws of South Carolina 

CHAPTER 19. 
Bamberg County. 



§ 14-910 



Article 1. 
General Provisions. 
Sec. 
14-901. Election and term of commis- 
sioners. 
14-902. Bonds of officials. 

Article 2. 
Financial Matters. 

14-910. Deposit of public funds. 

14-911. Drawing of warrants; no debts to 
exceed appropriation. 

14-912. Unappropriated income to be ap- 
plied to certain claims. 



Sec. 
14-912. 
14-913. 
14-914. 
14-915. 



14-916 

14-917 
14-918. 
14-919 

14-920. 
14-921 



1. Treasurer to invest sinking funds. 

Auditor to examine books. 

Statement to be made by auditor. 

Auditor to keep "Fines and Li- 
censes" book; clerk and magis- 
trates to present books. 

Publication of certain reports by 
supervisor. 

Board to make annual audit. 

Selection and report of auditor. 

Cost of audit. 

Selection of auditor. 

Audit part of public record. 



Article 1. 

General Provisions. 

§ 14-901. Election and term of commissioners. 

The county commissioners of Bamberg County shall be elected by the quali- 
fied electors of the county at each general election and shall hold office for 
two years and until their successors are elected and qualify. ■ 

1942 Code § 3821; 1932 Code § 3821; Civ. C. '22 § 1061; Civ. C. '12 § 938; Civ. C. '02 
§756; 1899 (21) 2, 113; 1900 (21) 279: 1901 (22) 664, 666: 1903 (23) 27; 1905 (24) 769, 
970; 1907 (25) 643, 644; 1908 (25) 1048, 1049, 1176, 1181, 1184, 1191. 1203; 1909 (26) 52, 
55, 74, 129; 1915 (29) 515; 1916 (29) 717; 1917 (30) 238, 246: 1919 (31) 5, 82; 1920 (31) 
S34; 1921 (32) 1, 85, 102, 109, 297; 1922 (32) 1015, 1514; 1928 (35) 1190; 1935 (39) 22; 
1938 (40) 1577, 1749: 1941 (42) 253. 

§ 14-902. Bonds of officials. 

The officers of the county are required to give bond for the faithful dis- 
charge of their respective duties in the amounts as hereinafter indicated: 

Clerk of court, three thousand dollars; auditor, three thousand dollars; 
treasurer, fifteen thousand dollars; sheriff, ten thousand dollars; county super- 
visor, three thousand dollars ; superintendent of education, one thousand 
dollars; judge of probate and master, five thousand dollars; coroner, one thou- 
sand dollars; county commissioners, one thousand dollars. 

The premiums on such bonds shall be paid by the county. 

1942 Code § 3989; 1933 (38) 440. 



Article 2. 

Financial Matters. 

§ 14-910. Deposit of public funds. 

It shall be unlawful for the county treasurer to deposit public funds in his 
hands with any bank or trust company unless such bank or trust company shall 
execute an indemnity bond in favor of the county in an amount equal to the 

176 



§ 14-911 Counties § 14-912.1 

amount of the contemplated deposit, or make an assignment in blank of United 
States Government, Federal Land Bank, county, municipal or school district 
bonds or notes of the county having a par value in an amount equal to the 
amount of the contemplated deposit. When an indemnity bond is used the 
premium shall be deducted from the interest earnings on such deposit. 

An)' conviction for violation of this section shall be deemed sufficient 
ground for the removal of such treasurer from office and the punishment for 
such violation, upon conviction, shall be fine or imprisonment, or both, in the 
discretion of the court. 

1942 Code §2843-4; 1932 Code §2806; 1929 (36) 227. 

§ 14-911. Drawing of warrants ; no debts to exceed appropriation. 

The county supervisor shall not draw any warrant upon the county treasurer 
to be paid out of any of the several funds specifically appropriated for any 
purpose other than for the purpose for which the same shall have been so 
appropriated. And it shall be unlawful for the county treasurer to pay anv 
such prohibited warrant. It shall be unlawful for the county supervisor or the 
county board of commissioners, or any member thereof, to create by con- 
tract, express or implied, any obligation against the county which, with the 
obligations then existing and chargeable to any particular item of appropria- 
tion, shall exceed the amount specifically appropriated therefor. Should the 
county supervisor or county board of commissioners, or any member thereof, 
violate the provisions of this section, the claim resulting therefrom shall be 
null and void as against the county, and the officer offending shall be held 
responsible to the claimant therefor upon his official bond. The county super- 
visor and county board of commissioners shall so apportion the appropriation 
for maintenance of convicts and road working organization as to cover the 
total expenses on account of these items for the entire fiscal year for which 
they may be respectively appropriated. 

1942 Code § 3975: 1932 Code § 3975: Civ. C. '22 § 1194: 1917 (30) 230. 

§ 14-912. Unappropriated income to be applied to certain claims. 

All income to the county from fines, fees, costs, licenses, commutation road 
tax, register of mesne conveyances' office and from all other sources, not 
otherwise appropriated by law, shall be paid to the county treasurer and be 
applicable to all claims for the payment of which the appropriations for the 
year on account of county expenses shall have been made. 

1942 Code § 3978; 1932 Code § 3978; Civ. C. '22 § 1197; 1917 (30) 230. 

§ 14-912.1. Treasurer to invest sinking funds. 

The county treasurer may, if in his opinion such investment is advisable, 
invest any sinking funds in his custody in the purchase in the open market of 
bonds or notes of the issue for which the sinking fund was created or, if such 
bonds or notes cannot be obtained, in other bonds of the State, any of its po- 
litical subdivisions or of the United States Government. Such investment 
shall be kept by him separate and distinct and properly earmarked with, or 
registered in. the name of the particular sinking fund to which it is applicable 
[2SCCode] — 12 177 r, idcai , „ 

BUREAU OF PUBLIC ADMINISTRATION 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



§ 14-913 Code of Laws of South Carolina § 14-915 

and be used for no other purpose. Such treasurer may sell from time to time 
the securities so purchased in order to reinvest the funds to an advantage or 
to meet the payments of the obligations for which the sinking fund was cre- 
ated. He shall make due record of all transactions hereunder in a book to 
be kept as a permanent record of his office and open to public inspection. 
1942 Code §2843-5: 19.38 (40) 1541. 

§14-913. Auditor to examine books. 

The county auditor shall, on or before the 10th of each month, personally 
examine the several books herein prescribed for the county supervisor, such 
inspection covering the transactions for the preceding month, and shall verify, 
by actual count of cash and certificates of deposit, the cash reported on hand 
by the county treasurer. If, upon inspection, he shall find that such books 
are correct and conform with the requirements of §§ 14-408, 14-410, 14-411 and 
14-419, he shall endorse upon each one so found the word. "Approved," and 
sign and date the same. He shall report to the grand jury at its next session 
any delinquencies or failure upon the part of either of such officers to comply 
with the requirements of any of said sections. 

1942 Code § 3983: 1932 Code § 3983: Civ. C. '22 § 1198; 1917 (30) 230. 

§ 14-914. Statement to be made by auditor. 

In the annual settlements with the county treasurer, supervised by the 
Comptroller General, the county auditor shall make a full statement of the 
receipts and disbursements of county taxes and other income for the fiscal 
year ending December 31 preceding. Each fiscal year, beginning January 1 
and ending December 31, shall be kept separate and distinct at whatever time 
of the year such settlement may be made. 

1942 Code § 3984; 1932 Code § 3984; Civ. C. '22 § 1199; 1917 (30) 230. 

§ 14-915. Auditor to keep "Fines and Licenses" book; clerk and magistrates to 
present books. 
The county auditor shall keep a book called "Fines and Licenses" in which 
shall be entered all fines, fees, costs and licenses reported to him as having 
been collected by the clerk of the court and the magistrates of the county. 
To this end, it is hereby made the duty of the clerk of the court and of the 
magistrates in the county, within the first ten days of each of the months of 
January, April, July and October, to present to the county auditor their books, 
showing the collections made by them during the preceding quarter on ac- 
count of fines, fees, costs and licenses, from which the auditor shall enter 
upon his books the several items of collection. He shall thereupon check 
up the same with the county treasurer's "Daily Cash Receipts" book. The 
county auditor, after the expiration of ten days hereinbefore fixed for 
such reports, shall mail a notice to any officer failing to comply with this 
section, requiring him within three days thereafter to submit his books as 
herein provided and, upon his failure to do so, such officer shall be reported 

178 [2SCCode] 



§ 14-916 Counties § 14-920 

by the county auditor to the grand jury at the next session thereafter for such 
action as the court may deem proper. 

1942 Code § 39SS; 1932 Code § 3985; Civ. C. '22 § 1200; 1917 (30) 230. 

§ 14-916. Publication of certain reports by supervisor. 

The county supervisor shall publish quarterly in some newspaper published 
in the county, during the first week in April, July, October and January, a 
full statement of the claims audited by the county board of commissioners 
during the quarter next preceding such publication. Such statement shall 
show, as published, the file number of the claim, the amount claimed, the 
amount allowed, the nature of the claim or service rendered and the name of 
the claimant. The supervisor shall also publish monthly a verified state- 
ment showing the total expenditures for the month and what balance, if any, 
remains to the credit of the office or what deficit, if any. 

1942 Code § 3986; 1932 Code § 3986; Civ. C. '22 § 1201; 1914 (28) 621. 

§ 14-917. Board to make annual audit. 

There is hereby constituted and established in the county an audit board 
to consist of the Senator, members of the House of Representatives and fore- 
man of the grand jury of the county, who shall have made, not later than 
September 1st of each year, a complete audit of the books, records and reports 
of all county offices and county officials of the county. 

1942 Code § 3990; 1934 (38) 1S66. 

§ 14-918. Selection and report of auditor. 

The board shall select annually a reputable and competent auditor and 
shall employ him to audit thoroughly the books, records and reports of the 
offices and officials of the county. He shall make his report to the board, 
which shall file one copy with the secretary of the legislative delegation, one 
copy with the clerk of the county board of commissioners and one copy with 
the clerk of the court of common pleas. 

1942 Code § 3990; 1934 (38) 1566. 

§ 14-919. Cost of audit. 

The cost of such audit shall be paid from funds appropriated for that pur- 
pose, and in case no appropriation is made the county treasurer shall pay 
the same from any other funds in his hands not otherwise appropriated. 

1942 Code § 3990; 1934 (38) 1566. 

§14-920. Selection of auditor. 

In the selection of the auditor the county audit board shall let the contract to 
the lowest responsible bidder, reserving the right to the board, however, to 
reject any or all bids and to take into consideration the reputation of the 
auditor and the character of the work demanded. 

1942 Code § 3990; 1934 (38) 1566. 

179 



§ 14-921 



Code of Laws of South Carolina 



§ 14-952 



§ 14-921. Audit part of public record. 

Each annual audit report shall be part of the public records of the county 
and subject to publication in any county newspaper. 

1942 Code § 3990; 1934 (38) 1566. 



CHAPTER 20. 
Barnwell County. 



Sec. Sec. 

14-951. Road districts. 14-964. 

14-952. County managers; term; appoint- 
ment; vacancy. 14-965. 

14-953. Power of board. 14-966. 

14-954. General duty of board. 14-967. 

14-955. Chairman; bond of members. 

14-956. Clerk, supervisor of roads and other 14-967. 

employees. 14-968. 

14-957. Compensation of employees; bond; 14-969. 

removal. 14-970 

14-958. Meetings; claims against county. 14-971 

14-959. Signatures required on warrant. 

14-960. Purchase of supplies. 14-972 

14-961. Contracts for road work, buildings 

and supplies. 14-973 

14-962. Supplies to be weighed; report, etc. 

14-963. Inspection of county property. 



Contracts, etc., in excess of appro- 
priations. 

Disposition of appropriation. 

Disbursement of contingent fund. 

Suspension from office for certain 
violations. 
1. Deposit of public funds. 

Financial records to be kept. 

Publication of quarterly statement. 

Board to procure record books. 

County officers to supply written 
information. 

Treasurer to publish list of expendi- 
tures. 

Disposition of funds in certain 
townships. 



§14-951. Road districts. 

The county of Barnwell is hereby divided into six road districts as follows : 
district No. 1 to comprise the township of Barnwell; district No. 2 to comprise 
the townships of Great Cypress and Georges Creek; district No. 3 to comprise 
the township of Blaekville; district No. 4 to comprise the townships of Williston 
and Rosemary; district No. 5 to comprise the townships of Richland and Red 
Oak ; and district No. 6 to comprise the townships of Four Mile and Bennett 
Springs. 

1942 Code § 3991: 1937 (40) 46. 



§ 14-952. County managers ; term ; appointment ; vacancy. 

The board of county managers shall consist of six members, one from each 
of the road districts provided for in § 14-951, whose term of office shall be for 
four years and until their successors are appointed and qualify. The members 
of said board shall be appointed by the Governor, upon the written recom- 
mendation of the legislative delegation from the county. Any vacancy or 
vacancies in such board of county managers shall be filled by appointment of 
the Governor, but only upon the written recommendation of the legislative 
delegation from the county. In making the original appointments and in case 
of a vacancy or vacancies, should the Governor not appoint within ten days 
after receipt of the written recommendation of the legislative delegation, such 
person or persons as shall be recommended by the legislative delegation shall 

180 



§ 14-953 Counties § 14-956 

assuViie office and perform the duties thereof with all the power and authority 
he or they would have had if duly appointed and commissioned by the Gover- 
nor. No Senate confirmation of any such person shall be necessary. 
1942 Code § 3992; 1937 (40) 46. 

§ 14-953. Power of board. 

The board of county managers is clothed with all the power and authority 
previously devolved upon the old board of county commissioners of the county 
and the old board of county directors under any and all statutes existing on 
February 13 1937, and all the duties, obligations and functions theretofore 
imposed by law upon the supervisor of roads and bridges, which may be con- 
sistent with the provisions of §§ 14-951 to 14-960. 

1942 Code §§ 3992, 3994; 1932 Code § 3994; 1922 (32) 981; 1937 (40) 46. 

§ 14-954. General duty of board. 

Said board of county managers shall organize and conduct the administra- 
tion of the county's business, financial and fiscal affairs upon a systematic, 
economical and efficient basis. 

1942 Code § 3995; 1932 Code § 3995; 1922 (32) 981; 1937 (40) 46. 

§ 14-955. Chairman; bond of members. 

Said board of county managers shall elect from its number a chairman upon 
whom may be devolved by the board, in its discretion, such executive and 
official duties as it may deem advisable. Each member of the board shall, 
before entering upon the discharge of the duties of his office, enter into a bond 
secured by a duly licensed surety company, to be approved by the clerk of 
court, payable to the county, in the sum of one thousand dollars, conditioned 
upon the faithful performance of his duty. The premium on said bonds shall be 
paid out of the ordinary funds of the county. 

1942 Code § 3993; 1932 Code § 3993; 1922 (32) 981; 1937 (40) 46. 

§ 14-956. Clerk, supervisor of roads and other employees. 
The board of county managers shall : 

(1) Employ a competent office assistant, to be known as clerk of the board 
of county managers, who shall be required to be in the office of the board daily, 
within reasonable office hours, to keep the books, accounts and records and 
to perform the clerical work of said office and such other duties as may be 
imposed by the board ; 

(2) Employ a competent and skilled person to have charge of and to man- 
age the construction, maintenance and repair of the roads and bridges of the 
county, who shall be known as the supervisor of roads and to whom shall be 
committed adequate authority and full responsibility for the construction 
and maintenance of roads and bridges, under the general direction of the 
board ; and 

(3) Employ such other assistants, agents and servants and retain the serv- 
ices of such professional and technical experts as may be necessary properly 
to carry on the business of the county ; 

181 



§ 14-957 Code of Laws of South Carolina § 14-962 

Provided that the supervisor of roads may be first nominated in the Demo- 
cratic primary. 

1942 Code § 3996; 1932 Code § 3996; 1922 (32) 9S1; 1937 (40) 46. 

§ 14-957. Compensation of employees ; bond ; removal. 

The compensation and salaries of the clerk of the board, supervisor of roads 
and all other employees, agents and servants of the county shall be determined 
and fixed by the board of county managers and shall be as low as may be con- 
sistent with securing competent employees and efficient service. Adequate 
bond with good and sufficient surety, payable to the board of county managers 
and conditioned for the faithful performance of their duties, shall be required of 
the clerk of the board, of the supervisor of roads and of such other employees 
and contracting parties as the board may deem proper. The clerk of the 
board of county managers, the supervisor of roads and all other employees 
shall be subject to removal or discharge at the discretion of the board. 

1942 Code § 3997; 1932 Code § 3997; 1922 (32) 981; 1937 (40) 46. 

§ 14-958. Meetings ; claims against county. 

The board of managers shall meet on the first Tuesday in each month at the 
courthouse to audit, approve and issue vouchers for the claims against the 
county and may meet at such other times, at the courthouse or elsewhere, as 
the business of the board may require. 

1942 Code § 3998; 1932 Code § 3998; 1922 (32) 981; 1937 (40) 46. 

§ 14-959. Signatures required on warrant. 

No warrant shall be paid unless signed by the chairman and two other 
members of the board. 

1942 Code § 3998; 1932 Code § 3998; 1922 (32) 981; 1937 (40) 46. 

§ 14-960. Purchase of supplies. 

The board of managers shall, every thirty days, make an estimate of the 
quantity of supplies necessary for the needs of the county for the succeeding 
month and shall purchase the same from the lowest bidder on a competitive 
basis. 

1942 Code § 3999; 1932 Code § 3999; 1922 (32) 981; 1937 (40) 46. 

§ 14-961. Contracts for road work, buildings and supplies. 

The county managers shall make all contracts for all improvements of 
public roads and bridges or buildings and for the purchase of supplies or 
employment of labor or service of any kind or the expenditure of any public 
funds of the county for any purpose whatsoever and shall not audit or pay any 
claim filed against the county unless the same be fully itemized and verified. 

1942 Code § 4010; 1932 Code § 4010; Civ. C. '22 § 1223; 1916 (29) 896; 1937 (40) 46. 

§ 14-962. Supplies to be weighed ; report, etc. 

The county board of managers shall place at the county warehouse and 
at each chain gang located in the county scales upon which shall be weighed 

182 



§ 14-963 Counties § 14-967.1 

all provisions and feedstuffs delivered by the county to the chain gangs or 
any other person in the service of the county and the chain gang superin- 
tendent shall report to the county managers once each week the amount re- 
ceived by him from the warehouse. Such report shall be filed in the office of 
the county supervisor for comparison with the purchases made by the county 
and the delivery books of the warehouse. 

1942 Code § 4011; 1932 Code § 4011; Civ. C. '22 § 1224; 1916 (29) 896; 1937 (40) 46. 

§ 14-963. Inspection of county property. 

The member of the governing body of the county appointed pursuant 
to § 55-523 to visit the county chain gang shall also inspect each month the 
condition of the livestock owned by the county and other county property 
and include his findings with respect thereto in the monthly report required 
under said section. 

1942 Code § 4006; 1932 Code § 4006; Civ. C. '22 § 1219; 1916 (29) 847; 1937 (40) 46. 

§ 14-964. Contracts, etc., in excess of appropriations. 

No contract shall be made, account approved or warrant drawn or paid in 
excess of the appropriation made for the specific purpose for which such con- 
tract, account or warrant is made, approved or drawn without the written 
approval of the legislative delegation of the county. 

1942 Code § 3998; 1932 Code § 3998; 1922 (32) 981; 1937 (40) 46. 

§ 14-965. Disposition of appropriation. 

The appropriation made annually can only be used for the purposes desig- 
nated, and any surplus remaining at the end of the fiscal year shall be carried 
over to the same account the next year. To this end the county treasurer 
shall not pay any warrants unless there be plainly written thereupon the ac- 
count for which it is drawn. Any person or officer violating this section shall 
be subject to the penalty imposed by § 1-54. 

1942 Code § 4007; 1932 Code § 4007; Civ. C. '22 § 1220; Cr. C. '22 § S45; 1916 (29) 847. 

§ 14-966. Disbursement of contingent fund. 

In the disbursement of the general or contingent fund the consent of the 
Senator and majority of the members of the House of Representatives from 
the county shall first be obtained. 

1942 Code § 4007; 1932 Code § 4007; Civ. C. '22 § 1220; Cr. C. '22 § 545; 1916 (29) 847. 

§ 14-967. Suspension from office for certain violations. 

Any violation of §§ 14-965 and 14-966 by any member of the county board of 
managers or supervisor shall be punished by suspension from office by the 
Governor. 

1942 Code § 4008; 1932 Code § 4008; Civ. C. '22 § 1221; 1916 (29) 847; 1937 (40) 46. 

§14-967.1. Deposit of public funds. 

It shall be unlawful for the county treasurer to deposit public funds in his 
hands with any bank or trust company unless such bank or trust company 

183 



§ 14-968 Code of Laws of South Carolina § 14-970 

shall execute an indemnity bond in favor of the county in an amount equal to 
three-fourths of the amount of the contemplated deposit or make an assign- 
ment in blank of United States Government, Federal Land Bank, county, mu- 
nicipal or school district bonds or notes of the county having a par value 
in an amount at least equal to the amount of three-fourths the contemplated 
deposit. When an indemnity bond is used the premium shall be deducted 
from the interest earnings on such deposit. 

Any conviction for the violation of this section shall be deemed sufficient 
grounds for removal of the treasurer from office and the punishment for such 
violation, upon conviction, shall be fine or imprisonment or both, in the dis- 
cretion of the court. 

1942 Code §2844-1: 1932 Code §2807; 1927 (35) 86. 

§ 14-968. Financial records to be kept. 

The county board of managers shall keep on file in its office, open to public 
inspection, a complete record of all expenditures of the county and of all funds 
devoted to the building or improvement of roads and bridges in the county 
arising out of special levies, commutation tax, local bond issues or other 
sources and all moneys and other property of the county, including livestock, 
machinery, working tools, wagons and carts. Such record shall show the 
dates of receipt and disposal and disbursement of the same, the sources of 
receipt, the amount or amounts paid for personal property, dates of purchase 
and sale, by whom sold, name of purchaser, amount sold for and date and 
manner of loss, if any. 

1942 Code § 4000: 1932 Code § 4000: Civ. C. '22 § 1213; 1916 (29) 847; 1937 (40) 46. 

§ 14-969. Publication of quarterly statement. 

The county managers shall publish quarterly a complete statement of the 
record required to be kept pursuant to § 14-968 in one of the county newspapers. 
Such statement shall contain a list of all expenditures paid or approved by 
it during the quarter next preceding such publication and a statement 
of all moneys expended in the county for road improvements and other pur- 
poses, either by the county or out of the proceeds of local bond issues, special 
levies or commutation tax. The custodians of all funds devoted to the im- 
provement or building of roads and bridges in the county shall file quarterly 
with the county board of managers a full statement of all their expenditures 
in time for the publication of accounts as herein required. But the county 
managers shall not be required to publish any items now required by law to 
be published by the county treasurer. 

1942 Code § 4000; 1932 Code § 4000; Civ. C. '22 § 1213; 1916 (29) 847; 1937 (40) 46. 

§ 14-970. Board to procure record books. 

The county board shall procure and keep on hand suitable books necessary 
for keeping a systematic record of the matters and things set forth in §§ 14-968, 
55-701 and 55-702. 

1942 Code §4002; 1932 Code §4002; Civ. C '22 §1215; 1916 (29) 847; 1937 (40) 46. 

184 



§ 14-971 



Counties 



§ 14-1001 



§ 14-971. County officers to supply written information. 

All county officers shall furnish in writing, whenever requested, all such 
information pertaining to their respective offices as will enable the county 
managers to carry into effect the provisions of §§ 14-965, 14-968, 14-969 and 
55-701. 

1942 Code §4003; 1932 Code §4003; Civ. C. '22 1216; 1916 (29) 847; 1937 (40) 46. 

§ 14-972. Treasurer to publish list of expenditures. 

The county treasurer of the county shall be required to publish quarterly 
in one of the county newspapers a list of all the expenditures of the county 
paid out from his office, excepting such claims and expenditures as are re- 
quired by law to be published by the county board of managers which the 
treasurer shall not publish. 

1942 Code § 4009: 1932 Code § 4009; Civ. C. '22 § 1222; 1915 (29) 430; 1937 (40) 46. 

§ 14-973. Disposition of funds in certain townships. 

All funds collected as commutation tax in the townships of Williston and 
Blackville shall be under the supervision and control of the township commis- 
sioner elected in said townships, respectively, and shall be expended in the 
improvement and repair of roads and bridges in said respective townships. 

1942 Code § 4013; 1932 Code § 4013; Civ. C. '22 § 1226; 1916 (29) S96. 



CHAPTER 21. 
Beaufort County. 



Sec. 

14-1001. Board of directors; term. 

14-1002. Appointment of members; vacan- 
cies. 

14-1003. Chairman of board. 

14-1004. Bond required of members. 

14-1005. Expenses. 

14-1006. Clerk and other employees or as- 
sistants. 

14-1007. Compensation of clerk and em- 
ployees. 

14-1008. Bonds of clerk and employees. 

14-1009. Removal of clerk and employees. 

14-1010. Duties and powers devolved on di- 
rectors. 



Sec. 
14-1011 



Particular duties and powers of 
board. 

Acquisition and disposition of real 
estate for industrial and other 
purposes. 

Deposit of public funds. 

Same; amount of security required. 

Same: control of securities pro- 
tecting deposits. 
.. Hours of offices. 
14-1017. Financial report of treasurer and 
superintendent of education to 
delegation. 



14-1012 



14-1013 
14-1014 
14-1015 

14-1016. 



§14-1001. Board of directors; term. 

The board of directors of Beaufort County shall consist of six members, one 
from Beaufort township, one from Sheldon township, one from Yemassee town- 
ship, one from Blnffton township, one from St. Helena township, and one from 
Hilton Head township, who shall hold office for a term of two years commencing 
January first in each odd numbered year or until their successors are appointed 
and qualify. 

185 



§ 14-1002 Code of Laws of South Carolina § 14-1007 

1942 Code § 4021; 1932 Code § 4021; 1922 (32) 1015; 1923 (33) 44; 1929 (36) 51; 1931 
(37) 94; 1933 (38) 248. 

Cited in DeLoach v. Scheper, 188 S. C. 
21, 198 S. E. 409 (1938). 

§ 14-1002. Appointment of members ; vacancies. 

The members of the county board of directors shall be appointed by the 
Governor upon the recommendation of a majority of the legislative delega- 
tion from the county. Should a vacancy occur in the office of any director 
by reason of death, resignation or otherwise, it shall be filled by the Gover- 
nor as herein prescribed for the appointment of directors for the full term. 

1942 Code § 4022; 1932 Code § 4022; 1922 (32) 1015; 1923 (33) 44; 1925 (34) 51; 1931 
(^37) 94; 1933 (38) 248: 1944 (43) 2244. 

§14-1003. Chairman of board. 

Said board of county directors shall elect from their number a chairman, 
upon whom may be devolved by the board, in its discretion, such executive 
and official duties as it may deem advisable. 

1942 Code § 4024; 1932 Code § 4024; 1922 (32) 1015; 1933 (38) 248. 

§ 14-1004. Bond required of members. 

Each member of said board, before entering upon the discharge of the duties 
of his office, shall enter into a bond secured by a duly licensed surety com- 
pany and approved by the clerk of court, payable to the county, in the sum of 
two thousand dollars, conditioned for the faithful performance of his duties. 

1942 Code § 4024; 1932 Code § 4024; 1922 (32) 1015; 1933 (38) 248. 

§ 14-1005. Expenses. 

The members of said board shall be allowed an expense account which shall 
be used to defray the cost of travel to and from meetings of the directors or 
while attending to the necessary business of their office, as provided in the 
county supply act. 

1942 Code § 4024; 1932 Code § 4024; 1922 (32) 1015; 1933 (38) 248. 

§ 14-1006. Clerk and other employees or assistants. 
The board may : 

(1) Employ a competent office assistant to be known as clerk of the board 
of county directors, who shall be required to be in the office of the board 
daily, within reasonable office hours, to keep the books, accounts and records 
and to perform the clerical work of said office and to perform such other 
duties as may be imposed upon him by the board ; 

(2) Employ such other assistants, agents and servants and retain the serv- 
ices of such professional and technical experts as may be necessary properly 
to carry on the business of the county. 

1942 Code § 4027; 1932 Code § 4027; 1922 (32) 1015; 1933 (38) 248. 

§ 14-1007. Compensation of clerk and employees. 

The compensation and salaries of the clerk of the board and of all other 

186 



§14-1008 Counties §14-1011 

employees, agents and servants of the county shall be determined and fixed 
by the board of county directors and shall be as low as may be consistent with 
securing competent employees and efficient service. 

1942 Code § 4028; 1932 Code § 4028; 1923 (33) 538; 1933 (38) 248. 

§ 14-1008. Bonds of clerk and employees. 

An adequate bond with good and sufficient surety, payable to the board 
and conditioned for the faithful performances of their duties, shall be re- 
quired of the clerk of the county board of directors, the supervisor of roads 
and such other employees and contracting parties as the board may deem 
proper. 

1942 Code § 4028; 1932 Code § 4028; 1923 (33) 538; 1933 (38) 248. 

§ 14-1009. Removal of clerk and employees. 

The clerk of the board of county directors and all other employees shall 
be subject to removal or discharge at the discretion of the board. 

1942 Code § 4028; 1932 Code § 4028; 1923 (33) 538; 1933 (38) 248. 

§ 14-1010. Duties and powers devolved on directors. 

All the duties, obligations and functions imposed by law prior to February 
17 1921 upon the county commissioners and county supervisor of the count} - , 
which may be consistent with the provisions of this chapter, together with all 
the powers and authority then vested by law in said offices and officers, are 
hereby devolved upon and vested in said board of county directors. 

1942 Code § 4025; 1932 Code § 4025; 1922 (32) 1015; 1932 (37) 1110; 1933 (38) 248. 

§ 14-1011. Particular duties and powers of board. 

Said board of county directors shall organize and conduct the administration 
of the county's business, financial and fiscal affairs upon a systematic, econo- 
mical and efficient basis. To that end the board : 

(1) Shall provide and maintain at the county seat an office for the transac- 
tion of business, which shall be open as nearly as practicable upon every busi- 
ness day of the year, wherein shall be kept all books of accounts, contracts, 
correspondence and other records of official business ; 

(2) Shall inaugurate and maintain, under such expert supervision and di- 
rection as may be necessary, a system of receiving and disbursing funds and 
keeping accurate check of the same and of accounting and bookkeeping that 
will properly safeguard the public interest and accurately determine and show 
the cost of maintaining all public institutions and public property and of per- 
forming all public work of every character; 

(3) Shall maintain and keep in repair and in efficient operative condition 
all county property and county institutions ; and 

(4) Shall be chargeable with and responsible for the construction and proper 
maintenance and upkeep of the county's roads, highways and bridges. 

The board may cooperate with the United States government in the pre- 
vention of erosion and the preservation of beaches in Beaufort County but 

187 



§ 14-1012 Code of Laws of South Carolina § 14-1015 

only in the event no state agency for this State is established which is author- 
ized so to do. 

1942 Code § 4026; 1932 Code § 4026; 1922 (32) 1015; 1933 (38) 248. 

§ 14-1012. Acquisition and disposition of real estate for industrial and other 
purposes. 

The board shall acquire title by gifts, purchase or otherwise to such real 
property as it may desire and deem fit to be held by it for the purposes ot 
cooperating with and securing the location in the county of industrial enter- 
prises and for such other purposes as the board may deem fit and proper. The 
board may enter into agreements for the sale or lease of any real property 
acquired, as provided above, with any person for any development of any 
business or industry which desires to locate in the county on such terms and 
conditions as may be approved by the board. 

1942 Code § 4028-1; 1936 (39) 1621. 

§ 14-1013. Deposit of public funds. 

No public official of the county shall deposit public funds of the county or 
any funds ordered held in his official capacity in any bank or banking insti- 
tution unless such bank or banking institution shall first give security for 
such deposit. The required security may be: (a) an indemnity bond in the 
full amount of the deposit, such bond to be approved by the county attorney, 
(b) bonds or other evidences of indebtedness of the United States, the State, 
subdivisions of the State, the Federal Land Bank, any other government 
bonds which are eligible for postal savings, including certificates of invest- 
ment of any Federal savings and loan association up to the amount for which 
the assets of such association are insured or bonds of the Home Owners' 
Loan Corporation or (c) bonds or evidence of indebtedness of any state, county 
or city of the United States when such bonds are not in default and when the 
market value of such bonds is not less than eighty per cent of the face value 
thereof. 

1942 Code §2845-6; 1940 (41) 1608. 

§ 14-1014. Same ; amount of security required. 

When such bonds or other evidences of indebtedness permitted by § 14-1013 
are offered as security the treasurer, sheriff or other public official shall place 
a value thereon, which shall not be in excess of the market value thereof, 
and he may accept as full security bonds or evidences of indebtedness of the 
value of sixty-six and two-thirds per cent of the amount of the deposit so se- 
cured and when bonds or other evidences of indebtedness of the value of sixty- 
six and two-thirds per cent of the amount of the deposit are given no addi- 
tional security need be given for such deposit. 

1942 Code §2845-6; 1940 (41) 1608. 

§ 14-1015. Same; control of securities protecting deposits. 

All such notes or bonds and mortgages securing them, placed as security 
in accordance with the terms of § 14-1013, shall be assigned to the county 

188 



§ 14-1016 Counties § 14-1017 

treasurer and the county treasurer may reassign them to the bank or banks 
placing them as security when such reassignment is deemed necessary or de- 
sirable by the chairman of the governing body of the county, the coanty treas- 
urer and the county attorney, or a majority of them, because of withdrawal 
of the deposit or deposits so secured, or some portion thereof, or the sub- 
stitution of other security therefor, the security so substituted to be such as 
will comply with the requirements of §§ 14-1013 and 14-1014. 
1942 Code §2845-6; 1940 (41) 1608. 

§14-1016. Hours of offices. 

The clerk of court and all other public officers of Beaufort County may close 
their offices from one o'clock P. M. until the following morning one business 
day during each week from May 1st to September 1st every year. 

1942 Code §4035-2; 1937 (40) 407. 

§ 14-1017. Financial report of treasurer and superintendent of education to 
delegation. 

In order to facilitate the preparing of the county supply bill by the county 
legislative delegation, the county treasurer shall on or before the first day of 
February each year report in writing to the delegation the amount of county 
funds coming into his hands during the preceding calendar year, giving the 
source of such funds. He shall further report the disbursements made by him 
during the preceding calendar year showing the amounts disbursed on vouchers 
by the board of education, certificates or warrants of the clerk of court and 
interest and principal paid on bonds. The county treasurer shall annually, 
not later than February 1st of each year, furnish the members of the delegation 
with a detailed statement of the status of the bond account, school, county 
and township, of the county. 

The county superintendent of education shall on or before the first day of 
February of each year report to the county legislative delegation in writing a 
detailed statement of all revenues allotted for school purposes for the preceding 
school fiscal year and all disbursements made by him for school purposes for 
the preceding fiscal year. He shall also furnish to the delegation on or before 
February 1st of each year an estimate of all anticipated revenues for the 
current school fiscal year and an estimate of all disbursements for the current 
school fiscal year. He shall also furnish to the delegation an estimate of all 
revenues to be allotted or received for school purposes for the next school 
fiscal year and also an estimate of all disbursements for the next school fiscal 
year. 

1948 (45) 2352. 



1S9 



§ 14-1051 



Code of Laws of South Carolina 



§ 14-1053 



CHAPTER 22. 
Berkeley County. 



Article 1. 
County Government. 
Sec. 

14-1051. Powers of supervisor. 

14-1052. Bond; commencement of term. 

14-1053. Clerk to supervisor. 

14-1054. Treasurer to make monthly reports 

to supervisor. 
14-1055. Publication of disbursements of 

public funds. 
14-1056. Borrowing sinking fund moneys or 

other funds for general purposes; 

diversion commission. 
14-1057. Diversion of unpledged funds. 
14-1058. Office hours. 

Article 2. 

Deposit of Public Funds. 

14-1061. Depositories. 

14-1062. Security required. 

14-1063. Interest. 

14-1064. Penalties. 



Article 3. 
Industrial Board. 
Sec. 

14-1071. Creation; appointment and term 
of members. 

14-1072. Vacancies; removal of members. 

14-1073. Officers, bylaws and compensation 
of members. 

14-1074. Secretary-treasurer; bond. 

14-1075. Deposit and disbursement of 
funds. 

14-1076. Authority to acquire Moncks Cor- 
ner disposal center. 

14-1077. Control and use of center; proper- 
ty not to be conveyed. 

14-1078. Contracts for development. 

14-1079. Disposition of surplus property. 

Article 4. 

Beautification of Courthouse Grounds. 

14-1081. Contracts for. 

14-1082. Removal of plants and shrubbery. 



Article 1. 

County Government. 

§ 14-1051. Powers of supervisor. 

The powers and duties on February 28 1929 exercised by and then devolved 
upon the county board of commissioners of Berkeley County and of county 
boards of commissioners and of county supervisors under the general law of 
this State are hereby entrusted to and devolved upon the county supervisor 
of the county. 

1942 Code § 4042; 1932 Code § 4042; 1929 (36) 85; 1931 (37) 387. 

§ 14-1052. Bond; commencement of term. 

The supervisor shall give bond in the sum of five thousand dollars for 
the faithful performance of his duties. His term shall commence on January 
1 of each year preceding a presidential election year. 

1942 Code §4042; 1932 Code §4042; 1929 (36) 85; 1931 (37) 3S7; 1951 (47) 291. 

§ 14-1053. Clerk to supervisor. 

The supervisor shall name his clerk who shall keep a complete record of all 
matters pertaining to the county government as administered by the county 
supervisor and perform the duties required on February 28 1929 of clerks to the 
county boards of commissioners under the law of the State. 

1942 Code §4042; 1932 Code §4042; 1929 (36) 85; 1931 (37) 387; 1951 (47) 291. 

190 



§ 14-1054 Counties § 14-1057 

§ 14-1054. Treasurer to make monthly reports to supervisor. 

The county treasurer shall on the first day of each calendar month make a 
report for the preceding month to the county supervisor showing all moneys 
received, from what source, to what funds the same have been placed, the 
amount paid from each fund, what remains in the county treasurer's hands 
apportioned to each fund and any anticipated funds to be received by him to 
be credited to any special fund. Such report shall be a full, itemized state- 
ment, showing all moneys received and disbursed and on hand. Any failure 
on the part of the county treasurer to comply with the provisions of this sec- 
tion shall be deemed misconduct in office. 

1942 Code §4047; 1932 Code §4047; 1931 (37) 550. 

§ 14-1055. Publication of disbursements of public funds. 

The county supervisor shall, on or before the 15th day of each calendar 
month, publish in a newspaper published in the county or, if such publica- 
tion cannot be procured in such a paper, in a newspaper having general cir- 
culation in the county a full itemized statement of all disbursements of 
public funds of the county made by such officer in the preceding calendar 
month, except salaries fixed and itemized in the annual county supply act. 
Such statements shall show the amount paid, the nature of the claim or service 
rendered and the name of the payee. There is hereby appropriated from the 
general funds of the county annually the sum of five hundred dollars, if 'so 
much be needed, to be expended upon warrants of the county supervisor to 
pay the cost of the publication of such statements. The failure of the county 
supervisor to perform the duties required of him under this section shall be 
a misdemeanor punishable by fine or imprisonment in the discretion of the 
court. 

1943 (43) 27; 1945 (44) 46. 

§ 14-1056. Borrowing sinking fund moneys or other funds for general pur- 
poses ; diversion commission. 

When the supervisor and treasurer of the county are desirous of bor- 
rowing money in anticipation of the collection of taxes, upon the county's 
note, for school purposes or under the appropriation act for the county, as 
provided by law, and the treasurer of the county has on hand sinking fund 
moneys or other funds, which apparently will not be needed for the purpose 
for which they are held until the maturity of such note, then with the approval 
of the diversion commission for the county, consisting of the county treasurer, 
county supervisor and members of the county legislative delegation, by reso- 
lution adopted by a majority thereof, the treasurer of the county shall pur- 
chase such county note and invest such funds therein and the interest received 
on such note shall be credited to the account from which the funds are loaned. 

1942 Code § 4048; 1932 (37) 1196. 

§ 14-1057. Diversion of unpledged funds. 

The members of the county legislative delegation, together with the county 
supervisor and the county treasurer, may, by resolution adopted by the ma- 

191 



§ 14-1058 Code of Laws of South Carolina § 14-1062 

jority thereof in meeting assembled, divert any unpledged fund, either gen- 
eral, school or otherwise, to the payment of such claims as they may, by such 
resolution, direct and they may in the same manner direct the expenditure of 
any other funds in the county treasurer's hands. 
1942 Code § 4058; 1932 Code § 4058; 1931 (37) 555. 

§ 14-1058. Office hours. 

The county treasurer, county auditor, judge of probate, county superintend- 
ent of education, county supervisor, county sheriff and clerk of court shall 
keep their respective offices open from the hour of nine o'clock a. m. to the 
hour of five o'clock p. m. each day of the week, excepting Sundays and legal 
holidays and such offices, or any of them, may be kept open on legal holidays 
if the respective officers desire so to do. Such offices may be closed at twelve 
o'clock noon each Saturday and may be closed for a period of one hour each 
day for the luncheon period for the employees of such offices. 

1942 Code § 4061; 1932 Code § 4061; 1931 (37) 386; 1949 (46) 29. 

Article 2. 

Deposit of Public Funds. 

§ 14-1061. Depositories. 

The county treasurer shall deposit all county and school funds coming into 
his hands, within two days thereafter (except that he may retain in his safe, 
but nowhere else, moneys not exceeding one thousand dollars for current 
purposes) in the various banks of the county proportionately to the amount of 
capital stock and surplus of such banks. In the case of a branch bank, the 
capital stock shall be figured on the basis of the amount of capital stock al- 
lotted to that particular branch. Notwithstanding the foregoing provisions 
of this section, however, any bank which lends money to the county on its 
note shall have the deposit of the proceeds of such loan if such bank shall 
have theretofore complied with the provisions relative to obtaining a deposit 
of county or school funds or shall at the time comply therewith. In case any 
or all of such banks shall fail to qualify as provided in § 14-1062 the propor- 
tionate part of such deposits that would have been deposited in such bank or 
banks shall be deposited by the county treasurer in another bank in the county 
or elsewhere in such bank or place as shall be directed by resolution adopted 
by the county supervisor and the county legislative delegation upon such 
terms, conditions, restrictions and limitations, with or without security for 
such deposit, as such resolution may prescribe or require. 

1942 Code §2846-2; 1932 Code §2808; 1926 (34) 975; 1927 (35) 119; 1928 (35) 1147; 
1931 (37) 47; 1932 (37) 1217. 

§ 14-1062. Security required. 

No deposits shall be made by the county treasurer in any of such banks until 
such bank furnishes to the county a bond with some reputable surety com- 
pany doing business in this State. Such bond shall be executed in duplicate, 
one copy thereof to be filed with the county treasurer and one with the county 

192 



§ 14-1063 Counties § 14-1064 

supervisor, both of which shall at all times be open to inspection. The bond 
shall be for an amount sufficient to cover all deposits in the bank giving it and 
shall provide, among other things, to indemnify the county for any and all 
loss or damage that may be sustained by it on account of the deposits made 
in such bank, together with accrued interest thereon, and, in case of any liti- 
gation, reasonable attorney's fees that the county may be put to in connection 
therewith. Should any such bank in which deposits are made by the county 
treasurer prefer to do so, it may assign to another bank or surety or trust 
company located and doing business in this State, for the benefit of the county, 
marketable bonds or securities recognized and listed on a New York exchange 
or approved municipal bonds. Such assignment shall be in duplicate, one 
copy thereof to be filed with the county treasurer and one with the supervisor, 
both of which shall be open to inspection at all times. The market value of 
such assigned bonds or securities must at all times be equal to the amount of 
money deposited in such bank. Such assignment shall be upon the same 
terms as provided for in the surety bond mentioned in this section. 

1942 Code §2846-2; 1932 Code §2808; 1926 (34) 975; 1927 (35) 119; 1928 (35) 1147; 
1931 (37) 47; 1932 (37) 1217. 

§ 14-1063. Interest. 

Each bank, unless otherwise directed by resolution adopted by the super- 
visor and the county legislative delegation as set forth in § 14-1061, having 
on deposit county or school funds as herein provided for, shall be required 
to pay interest at the same rate as is paid the State on its secured deposits, 
on all such funds deposited by the county treasurer and remaining on deposit 
with such bank for a period of at least ninety days, such interest to be calcu- 
lated, computed and paid as on savings accounts of such bank. 

1942 Code §2846-2: 1932 Code §2808; 1926 (34) 975; 1927 (35) 119; 1928 (35) 1147; 
1931 (37) 47: 1932 (37) 1217. 

§ 14-1064. Penalties. 

If the county treasurer shall make any deposit in any bank when such 
bank shall not have qualified as provided for by the terms of this article or 
without being directed by resolution as set forth in § 14-1061 or shall fail to 
make such deposit or deposits as directed by this article or by resolution as 
provided in this article or shall in any manner fail to carry out the terms 
of this article such county treasurer shall be immediately removed from office 
by the Governor. The county treasurer or officials of such bank receiving 
such deposits in violation of the terms of this article shall be guilty of a mis- 
demeanor and upon conviction thereof shall suffer imprisonment not exceeding 
one year or a fine not exceeding one thousand dollars. 

1942 Code §2846-2; 1932 Code §2808; 1926 (34) 975; 1927 (35) 119; 1928 (35) 1147; 
1931 (37) 47; 1932 (37) 1217. 



[2 SC Code] — 13 193 



§ 14-1071 Code of Laws of South Carolina § 14-1075 

Article 3. 
Industrial Board. 

§ 14-1071. Creation ; appointment and term of members. 

The industrial board is hereby created and established as a body corporate 
and politic to serve as an agency and a part of the government of the county. 
Said board shall consist of five members, one of whom shall be the county 
supervisor, whose membership on said board shall be ex officio by the holder 
of said office. The remaining four members shall be elected by a majority, 
including the Senator, of the county legislative delegation and shall hold 
office for terms of two years and until the election and qualification of their 
successors, who shall be elected in the same manner and for like terms. They 
shall be commissioned by the Governor forthwith upon their election, but 
pending the issuance of such commissions such members shall have all of 
the powers and authority herein given unto said board and its members. 

1947 (45) 549. 

§ 14-1072. Vacancies ; removal of members. 

In the event of a vacancy caused by death, resignation, removal or other- 
wise, a successor shall be elected in the manner provided in § 14-1071, to 
serve for the remainder of the unexpired term. Any member other than the 
county supervisor may be removed by the legislative delegation for good 
cause, after a hearing thereon by the delegation. 

1947 (45) 549. 

§ 14-1073. Officers, bylaws and compensation of members. 

The board shall have a chairman, who shall be the county supervisor, and a 
secretary-treasurer, who shall be elected by the members thereof. The board 
may adopt suitable bylaws, rules and regulations not inconsistent herewith for 
its proper operation. The members of the board shall serve without com- 
pensation. 

1947 (45) 549. 

§ 14-1074. Secretary-treasurer ; bond. 

The secretary-treasurer shall furnish surety bond in such amount as the 
board may from time to time determine, the premium on such bond to be 
paid from the funds of the board. The secretary-treasurer may be a member 
of the board or some suitable person elected by the board. 

1947 (45) 549. 

§ 14-1075. Deposit and disbursement of funds. 

The funds of the industrial board shall be deposited with the county treas- 
urer and kept in accounts separate from other accounts of the county and 
shall be withdrawn only on checks or vouchers approved by the county super- 
visor and the secretary-treasurer of the board. 

1947 (45) 549. 

194 [2SCCode] 



§ 14-1076 Counties § 14-1081 

§ 14-1076. Authority to acquire Moncks Corner disposal center. 

The said board shall enter into negotiations with the United States gov- 
ernment, or any of its agencies, for the acquisition of the Moncks Corner 
disposal center of the War Assets Administration and its facilities by trans- 
fer to the county from the Government or its agencies. 

1947 (45) 549. 

§ 14-1077. Control and use of center ; property not to be conveyed. 

The care, custody and control of the properties when so acquired is hereby 
vested in the industrial board and the duties and responsibility thereby in- 
curred to develop and industrialize said properties are devolved on the board. 
All agreements in connection with the preliminary, permanent and final ac- 
quisition of said disposal center and its facilities and all contracts pertaining 
to the occupancy, operation and management of said disposal center may be 
authorized by proper resolution of the board and executed by the same for 
Berkeley County, the titles to such properties as may be acquired to be taken 
in the name of the county. The board shall not make conveyances in fee to 
any lands acquired. 

1947 (45) 549. 

§ 14-1078. Contracts for development. 

The board, without limiting any of the foregoing powers, may enter into 
contracts or leases under such conditions as it may determine with any per- 
son for the industrial development of any part of said disposal center prop- 
erties. 

1947 (45) 549. 

§ 14-1079. Disposition of surplus property. 

If the board shall determine that a surplus of any equipment, machinery or 
other thing of value shall exist in connection with such properties, the board 
shall declare what is surplus and not needed by the board for the operation 
and development of such properties, shall cause the same to be appraised 
and may, in its discretion, sell such property so declared to be surplus to the 
highest bidder at a public auction or by sealed bids after having given a rea- 
sonable notice of any sale of such items. But the county shall have priority 
and preference to purchase any such items declared surplus at and for the 
appraised value thereof. 

1947 (45) 549. 

Article 4. 
Beantification of Courthouse Grounds. 

§ 14-1081. Contracts for. 

The county supervisor may enter into an agreement or agreements with any 
person for the beautification of grounds around the county courthouse. 

1950 (46) 2827. 

195 



§ 14-1082 



Code of Laws of South Carolina 



§14-1101 



§ 14-1082. Removal of plants and shrubbery. 

The county supervisor may grant authority to any person with whom he so 
contracts to remove any plants and shrubbery planted by such person on the 
grounds around the courthouse, in the event the grounds shall ever be utilized 
for purposes which would necessitate removal or destruction of such plants 
or shrubbery. 

1950 (46) 2827. 



CHAPTER 23. 

Calhoun County. 

Sec 
14-1101. Term of office of supervisor. 

§ 14-1 101. Term of office of supervisor. 

The term of office of the county supervisor of Calhoun County shall be for 

two years and until his successor shall have been elected and qualified. 

1942 Code § 3818: 1932 Code § 3818; Civ. C. '22 § 1058; Civ. C. '12 § 935; Civ. C. '02 
§ 753; R. S. 643; 1893 (21) 482: 1899 (21) 1; 1908 (25) 1186, 1350, 1912; 1909 (26) 124. 
180; 1910 (26) 685, 687, 699, 700; 1911 (27) 62; 1913 (28) 121, 146; 1915 (29) 420, 515; 
1916 (29) 793, 798, 859; 191S (30) 836; 1921 (32) 60, 102; 1922 (32) 964; 1924 (33) 1075; 
1925 (34) 122; 1934 (38) 1552; 1937 (40) 37; 1940 (41) 1659; 1941 (42) 253. 



CHAPTER 24. 
Charleston County. 



Article 1. 
General Provisions. 
Sec. 
14-1151. Office hours. 
14-1152. Supervision of public buildings. 
14-1153. Lease of property of county, etc. 

Article 2. 
County Government. 

14-1161. System of municipal government 
for county. 

14-1162. County council; number, election 
and qualifications of members. 

14-1163. Term of office; vacancies. 

14-1164. Chairman and clerk. 

14-1165. Compensation of members. 

14-1166. Meetings of council. 

14-1167. Requisites to adoption of certain 
ordinances. 

14-1168. Publication and recording of ordi- 
nances, etc. 



Sec. 
14-1169. Legislative and other powers of 

council. 
14-1170. Powers of subdivisions, etc., not 

affected. 

Article 3. 
Financial Matters. 

14-1181. Agencies to report on finances and 

budget annually. 
14-1182. Publication of proposed budgets of 

commissions and boards. 
14-1183. Report of department employees. 
14-1184. Funds unexpended at end of fiscal 

year. 
14-1185. Monthly publication of treasurer's 

disbursements. 
14-1185.1. Treasurer may destroy vouchers, 

etc., over six years old. 
14-11S6. Required monthly statements of 

fees. 
14-1187. Payment of certain salaries and 

claims: audit thereof. 



196 



§ 14-1151 



Counties 



§ 14-1151 



Sec. 

14-1188. Blank. 

14-1189. Filling vacancies; salaries in such 
cases. 

14-1190. Annual audit of books; expense 
thereof. 

14-1191. Issue of bonds; purposes. 

14-1192. Terms of such bonds. 

14-1193. Tax for payment. 

14-1194. Election prerequisite to issue of 
Donds. 

14-1195. Advertisement of certain bonds 
for sale. 

14-1196. Advertisement for purchase of sup- 
plies, etc. 

Article 4. 
Construction Permits. 

14-1201. When permit required. 

14-1202. Application for permit. 

14-1203. Form of permit. 

14-1204. Permit to be kept at site; inspec- 
tion. 

14-1205. Copies of permit; fee; magistrates 
to post article. 

14-1206. Penalties. 

Article 5. 
Blank. 

Article 6. 

County Hall Commission. 

14-1241. Establishment. 

14-1242. Body politic and corporate. 

14-1243. Members; terms; vacancies; offi- 
cers. 

14-1244. Powers and duties of commission. 

14-1245. Deposit and use of receipts. 

14-1246. Entertainment and licenses tax. 

Article 7. 
Blank. 



Article 8. 
Township of Folly Island. 

Sec. 

14-1261. Territorial limits. 

14-1262. Commissioners; election; terms; 
vacancy. 

14-1263. Eligibility to be commissioner. 

14-1264. Compensation of commissioners. 

14-1265. Clerk of commission. 

14-1266. Bonds. 

14-1267. Audit. 

14-1268. Meetings. 

14-1269. Powers. 

14-1270. Employees. 

14-1271. Zoning and building restrictions. 

14-1272. Division into districts for such pur- 
poses. 

14-1273. Amendment of zoning regulations. 

14-1274. Exceptions. 

14-1275. Certain municipal powers vested in 
commissioners. 

14-1276. Penalties. 

14-1277. Appointment of police officers. 

14-1278. System for summoning and re- 
ceipting for money by police of- 
ficers. 

14-1279. Police under supervision of coun- 
ty police chief. 

14-1280. Tribunals to try offenses; payment 
and disposition of fines. 

14-1281. Imposition of tax; lien. 

14-1282. Payment of taxes; disbursement. 

14-1283. Commissioners to report certain 
needs and requirements. 

Article 9. 
Township of Sullivan's Island. 

14-1291. Appointment of board of commis- 
sioners. 

14-1292. Terms of commissioners. 

14-1293. Vacancies. 

14-1294. Tax for fire protection and use 
thereof. 



Article 1. 
General Provisions. 

§14-1151. Office hours. 

All county officers may close their offices at one o'clock, P. M., on Saturday 
of each week throughout the year and also on such day of each week in the 
months of June, July and August, as may be fixed by the governing body of 
the county. But the office of the county sheriff, clerk of court, county treas- 
urer, probate judge, county auditor and register of mesne conveyances shall 
remain open after one o'clock, P. M., on such days except Saturdays by having 
at least one official or employee on duty in each such respective office. 

1948 (45) 1973. 

197 



§ 14-1152 Code of Laws of South Carolina § 14-1162 

§ 14-1152. Supervision of public buildings. 

The governing body of Charleston County shall appoint from their number a 
committee composed of three of its members which shall be charged with the 
duty of supervising, maintaining, inspecting, repairing and preserving all pub- 
lic buildings and property and shall report annually to the legislative delega- 
tion on the condition and needs of such buildings and property. 

1948 (45) 2074. 

§ 14-1153. Lease of property of county, etc. 

The governing body of the county may lease any property, title to which is 
vested in the forfeited land commission for the county for such terms and on 
such conditions as such governing body or a majority thereof, may deem to be 
for the best interest of the county, in the manner hereinafter provided for: 

(1) Such property shall be advertised at least once in a newspaper pub- 
lished in the county, in which advertisement attention shall be directed to 
the property sought to be leased and sealed proposals shall be invited for leas- 
ing * 

(2) No lease shall be made for a term longer than two years, unless consent 
thereto shall be given in writing by the Senator and a majority of the county 
legislative delegation ; 

(3) Such lease shall be awarded to the highest responsible bidder except 
that when a bid other than the highest bid is considered for acceptance, at least 
five days' notice shall be given to the county delegation to the General As- 
sembly by a letter directed to the secretary of the delegation, and such bid may 
be finally accepted with the approval of such delegation or a majority thereof; 
and 

(4) Such lease or leases shall be executed in the name of the county by the 
supervisor or treasurer of the county and shall be kept on file in the office of 
the county treasurer. 

1942 Code § 4076-6; 1936 (39) 1398. 

Article 2. 
County Government. 

§ 14-1161. System of municipal government for county. 

There is hereby provided in and for the county a system of municipal gov- 
ernment, which shall be administered by a county council as herein constituted 
whose duties, powers, functions and authority shall be as herein provided. 

1948 (45) 1873. 

As to constitutionality of this article, see 
Gaud v. Walker, 214 S. C. 451, 53 S. E. 
(2d) 316 (1949). 

§ 14-1162. County council; number, election and qualifications of members. 

The duties, powers, functions and authority of such municipal government 
shall be vested in a county council. The county council shall be composed of 
seven members. One member shall be a resident of the area of the county ly- 

19S 



§14-1163 Counties §14-1165 

ing east of the Cooper River and shall be elected by the qualified electors re- 
siding in that area of the county. Three members shall be residents of the area 
of the county included in the city of Charleston, and shall be elected by the qual- 
ified electors residing in that area of the county. One member shall be a resi- 
dent of the area of the county included in St. Phillip's and St. Michael's Public 
Service District and shall be elected by the qualified electors residing in that 
area of the county. One member shall be a resident of the remainder of the 
county lying between the Ashley and the Cooper rivers and shall be elected 
by the qualified electors residing in that area of the county. One member shall 
be a resident of the area of the county lying west of the Ashley River and 
shall be elected by the qualified electors residing in that area of the county. 
1948 (45) 1873. 

This section is constitutional. Gaud v. 
Walker, 214 S. C. 451, 53 S. E. (2d) 316 

(1949). 

§14-1163. Term of office ; vacancies. 

Of the first elected members of the county council, four shall serve terms 
of two years and three shall serve terms of four years, the selection of mem- 
bers to serve the initial terms of two and four years having been determined 
by lot at the first regular meeting of the county council. Thereafter, the 
term of office of each elected member of the council shall be for a period of 
four years. Each vacancy occurring by reason of the expiration of such term 
of office shall be filled by election in the general election next preceding the 
expiration date of that term of office. In the event of a vacancy on the coun- 
ty council occurring by reason of death, resignation or removal the vacancy 
shall be filled for the remainder of the unexpired term by appointment by the 
Governor on the recommendation of a majority of the legislative delegation for 
the county. 

1948 (45) 1873. 

§ 14-1164. Chairman and clerk. 

The county council shall select one of its number as chairman for such term 
as the council may set. The chairman shall serve ex officio as county super- 
visor. The council may designate a person to serve as clerk to the council to 
record its^proceedings and perform such additional duties as the council may 
prescribe. 

1948 (45) 1873. 

< 
§14-1165. Compensation of members. 

The council shall fix the compensation of its members, but such compensa- 
tion shall not exceed the amount of six hundred dollars per year for each 
member, except that the compensation of the chairman may be set at no more 
than one thousand dollars per year. 

1948 (45) 1873. 

199 



§ 14-1166 Code of Laws of South Carolina § 14-1169 

§ 14-1166. Meetings of council. 

The council shall decide the time, place and frequency of its meetings for 
the transaction of official business. Regular meetings shall be held twice each 
calendar month, and special meetings may be held at such other times as the 
chairman shall direct, but no special meeting shall be held at any time or 
place other than on the hour and date and in the place of which the chairman 
shall give three days' notice by publication in a newspaper of general circula- 
tion in the county. Five members of the council shall constitute a quorum 
for the transaction of official business. All meetings of the council shall be 
open to the public. 

1948 (45) 1873. 

§ 14-1167 Requisites to adoption of certain ordinances. 

No ordinance shall be passed levying a tax, incurring indebtedness or im- 
posing regulations for the health, safety or welfare of the county which shall 
not have been voted for by at least four members in council assembled. No 
ordinance which levies a tax, appropriates moneys or incurs bonded indebt- 
edness shall be valid unless the same shall have been read at three regular 
meetings of the council. 

1948 (45) 1873. 

§ 14-1168. Publication and recording of ordinances, etc. 

Each ordinance or resolution of the council shall be published in full at 
least once in a newspaper of general circulation in the county at least five 
days before the effective date thereof. All proceedings of the council shall 
be recorded, and, annually, all ordinances and resolutions of the council passed 
during the preceding twelve months shall be printed and made available for 
public distribution through the office of the council. 

1948 (45) 1873. 

§ 14-1 169. Legislative and other powers of council. 

The county council may legislate in reference to such matters of local 
concern within the county as is herein provided and, to that end, shall have 
the following powers : 

( 1 ) To adopt, use and alter a corporate seal ; 

(2) (a) To acquire by purchase or gift real property in the name of the 
county ; 

(b) To acquire tangible personal property and supplies; 

(c) To lease, sell or otherwise dispose of real and personal property in 
the name of the county, including all such property now owned by the county, 
but only upon sealed proposals after notice thereof has been given by pub- 
lished advertisement at least once not less than seven days prior to the oc- 
casion fixed for the opening of bids ; 

(3) To make contracts and to execute all instruments necessary or con- 
venient for carrying out the functions committed to it ; 

(4) To exercise the powers of eminent domain in the manner provided 
by the general laws of this State for procedure by any county, munici- 

200 



§14-1169 Counties §14-1169 

pality or authority organized under the laws of this State, by the State High- 
way Department, by railroad corporations or in any manner provided by law, 
as the council may, in its discretion, elect; 

(5) To make appropriations and to levy taxes therefor for corporate and 
educational purposes, to build and repair public roads, buildings and bridges, 
to maintain and support prisoners, pay jurors and county officers, for litiga- 
tion, quarantine and court expenses, for ordinary county purposes, to support 
paupers and to pay past indebtedness ; 

(6) To provide for the receipt, custody, allocation and disbursement of 
funds accruing to the county from whatever source derived ; 

(7) To provide within the county special services, such as refuse or gar- 
bage collection and disposal facilities, and to collect service charges from the 
persons benefited which are at least sufficient to cover the expenses of provid- 
ing such services; 

(8) To incur indebtedness in anticipation of the collection of taxes which 
have been levied ; 

(9) To enter into agreements on matters of local concern with agencies and 
instrumentalities of the federal government, the State government, political 
subdivisions of the State and educational, charitable and eleemosynary insti- 
tutions; 

(10) To regulate, control and provide for the construction, maintenance, 
operation and use of public streets, roads, bridges, sidewalks, drains, court- 
houses, jails, buildings, prison farms and other public improvements and 
facilities; 

(11) To prescribe methods of accounting for county officers and depart- 
ments ; 

(12) To supervise and regulate the various departments of the county, 
except that the duties and functions now provided by law for the offices of 
the auditor, treasurer, sheriff, clerk of court, probate judge, master, register 
of mesne conveyances, coroner and superintendent of education shall not be 
altered and the power of such officers to designate the personnel made avail- 
able to them shall not be infringed ; 

(13) To make provision for the conduct of county affairs ; 

(14) To provide for the appointment of a county manager to serve as the 
chief administrative officer for local affairs, carry out the policies and di- 
rections of the county council, direct and coordinate all administrative ac- 
tivities, direct the development of a budget for submission to the county 
council and control the expenditure of appropriated funds ; 

(15) To create such other agencies and departments as may be deemed 
advisable and prescribe their duties and functions and to alter or transfer the 
duties and functions of existing offices, agencies or departments ; 

(16) To establish policies affecting the selection, appointment, compensa- 
tion, dismissal and other matters in the control of the administrative em- 
ployees of the county government ; 

(17) To exercise all the powers vested by law on January 3, 1949, in the 
former county board of commissioners, including all the powers vested by 

201 



§ 14-1170 Code of Laws of South Carolina § 14-1182 

chapter 8 of this Title, in certain county boards of commissioners, and to ex- 
ercise all the powers vested in it by Title 18, by article 3 of chapter 5 of Title 
53, by §§ 71-331 to 71-333, 71-333.2, 71-333.3 and by § 33-576. 
1948 (45) 1873. 

Constitutionality. — The authority given agement of Charleston County is not an 

to the county council under this section to unconstitutional delegation of legislative 

make appropriations, levy taxes, incur in- power and does not contravene S. C. Const., 

debtedness and issue bonds, exercise the Art. 3, § 34, subdiv. IX. Gaud v. Walker, 

power of eminent domain, supervise and 214 S. C. 451, 53 S. E. (2d) 316 (1949). 

regulate the various departments of the The last subdivision of this section is not 

county, establish policies affecting the ad- void for uncertainty. Gaud v. Walker, 214 

ministrative employees of the county, and S. C. 481, 53 S. E. (2d) 316 (1949). 
otherwise to provide for the internal man- 

§ 14-1170. Powers of subdivisions, etc., not affected. 

Nothing in this article contained shall be construed to abridge or affect the 
powers of any municipality or incorporated township or political subdivision 
within the county. 

1948 (45) 1873. 

Article 3. 

Financial Matters. 

§ 14-1181. Agencies to report on finances and budget annually. 

Every county official, department, commission, institution or board receiv- 
ing grants or appropriations from county funds shall on or before October 
1st of each year make a full and detailed annual report of its financial status, 
activities and expenditures for the past fiscal year, showing all balances in 
all accounts controlled by such official, department, commission, institution 
or board, together with its budget and recommendations both economic and 
legislative for the coming year, to the county legislative delegation and to the 
governing body of the county. The governing body shall make a study of such 
budget requests and report thereon to the delegation its recommendations for 
the following fiscal year. Such reports and budgets shall be filed with the 
delegation and governing body of the county on or before October 1st of each 
year. 

1948 (45) 2074. 

§ 14-1182. Publication of proposed budgets of commissions and boards. 

All commissions and boards, including school district boards, shall, before 
submitting their budgets to the county auditor for the purpose of having the 
same assessed and levied and before appropriating any public moneys, submit 
their budgets to the legislative delegation of the county and shall publish such 
budgets once a week for two successive weeks in a newspaper published in the 
county. Such budgets shall show in detail the amount of the proposed ap- 
propriations, the purposes for which they 'are to be made and the millage to 
be levied by virtue of the same. Such budgets and moneys shall not be as- 
sessed or levied by the auditor nor collected by the treasurer unless such 

202 



§ 14-1183 Counties § 14-1186 

budgets and proposed appropriations have been approved by a majority of the 
county legislative delegation, including the Senator. 

1947 (45) 319; 1949 (46) 594. 

§ 14-1183. Report of department employees. 

The head of each office, department, commission or institution, except the 
city board of public school commissioners for the city of Charleston, expending 
money appropriated by the county shall furnish the county treasurer with a 
list of employees in his office and notify the county treasurer of any change 
therein. 

1948 (45) 2073. 

§ 14-1 184. Funds unexpended at end of fiscal year. 

All county offices, departments, boards, commissions or institutions shall 
at the end of the fiscal year make a full detailed annual report to the county 
treasurer and to the county legislative delegation of any balance of funds on 
hand or in any accounts controlled by such office, department, commission or 
institution. All such moneys and balances standing to the credit of all 
county offices, departments, commissions or institutions on July 1 s^ of each 
and every year shall revert to the county general funds, unless otherwise 
directed by written resolution of the Senator and a majority of the House 
delegation. 

1948 (45) 2073. 

§ 14-1 185. Monthly publication of treasurer's disbursements. 

The county treasurer shall, on or before the tenth day of each calendar 
month, publish in a newspaper published in the county an itemized state- 
ment of all disbursements of public funds of the county made by him in the 
preceding calendar month, except salaries fixed and itemized in the annual 
county supply act for the county. But the county treasurer shall not publish 
any amount included in the statements of the county supervisor. 

1948 (45) 1957. 

§ 14-1185.1. Treasurer may destroy vouchers, etc., over six years old. 

The county treasurer may at his discretion destroy all vouchers, cancelled 
bonds and coupons, together with any and all other documents and papers 
connected therewith over six years old and stored within his office or under his 
custody and control for the purpose of making available space within his office. 

1949 (46) 238. 

§ 14-1186. Required monthly statements of fees. 

Every officer and employee of the county who receives fees by law for 
the performance of various duties and services in his official capacity shall 
keep accurate and detailed records of such fees accrued and received and shall 
file in the office of the count)' treasurer on or before the tenth day of each 
month a statement made under oath before any person authorized by the 
laws of this State to administer oaths, showing: 

203 



§14-1187 Code of Laws of South Carolina §14-1189 

(1) The gross amounts of such fees accrued or received during the previous 
calendar month; 

(2) The expenses paid during such calendar month by such officer or em- 
ployee from such fees for the operation of his office or for county purposes, 
specifying the same; 

(3) The unpaid amount of such fees as may have been handled on credit 
by such officer or employee ; 

(4) The net amount of the fees for such month actually received by such 
officer or employee, which shall be the gross amount referred to in item (1) 
hereof, less the amounts referred to in items (2) and (3) hereof. 

In every such statement there shall be added to the net amount referred to 
in item (4) hereof the total amount collected during the calendar month cov- 
ered by such statement on such fees as may have been handled on credit in any 
previous month; and the total thus secured shall be the net amount as to 
such statements. Such statements shall be preserved by the county treas- 
urer and made available to the Senator and members of the House of Rep- 
resentatives from the county or any of them, upon request, and any or all of 
such records may be made public upon the authorization and direction of a 
majority of the whole legislative delegation for the county. The county 
treasurer shall not pay any appropriations made for the salary or the operation 
of the office of any county officer or employee until such officer or employee 
shall have filed in the office of the county treasurer the statement of the 
fees received by him in the preceding month, as provided for in this section. 

1942 Code § 4076-11; 1933 (38) 513; 1944 (43) 1165. 

§ 14-1 187. Payment of certain salaries and claims ; audit thereof. 

The salaries of all officers, clerks and employees of the county or of any 
department, division or commission thereof, except the city board of public 
school commissioners for the city of Charleston, shall be paid by the county 
treasurer semi-monthly upon receipt of such officers, excepting payments on 
notes or similar evidence of indebtedness, and upon warrant of the governing 
body of the county. All claims and demands of every kind against the county, 
except such salaries and county treasurer's notes and the certificate or tickets 
of witnesses and jurors and constables, shall be itemized before they can 
be audited and, when so itemized, shall be audited by a committee of at least 
three members of the governing body of the county. No such claims or de- 
mands shall be paid unless first so audited and then certified and signed by 
the clerk or secretary of the governing body of the county. 

1948 (43) 1973. 

§ 14-1188. Blank. 

§ 14-1 189. Filling vacancies ; salaries in such cases. 

In the event of a vacancy occurring in any position in the county for which 
the salary is specifically fixed and appropriated in the annual county supply 
act of the county, except that of a constitutional or statutory officer of the 
county, the appropriation in the county supply act for the fiscal year in 

204 



§14-1190 Counties §14-1192 

which such vacancy occurs for the salary of such position shall terminate and 
lapse into the general funds of the county as of the date of the occurrence of 
such vacancy. The employee to fill any such vacancy shall be selected and 
employed solely by the officer in whose office or department the vacancy shall 
occur, who shall certify to the governing body of the county the date of the 
filling of such vacancy, and the governing body of the county shall forthwith 
fix and certify to the county treasurer the salary or compensation to be paid 
for such position for the remainder of the fiscal year in which such vacancy 
has been filled, such salary or compensation to be determined by the govern- 
ing body of the county in the light of the duties of such position and the 
qualifications of the person filling it to perform such duties. In no case shall 
the salary or compensation so fixed be greater than the amount appropriated 
for such position in the annual county supply act for the fiscal year in which 
the vacancy shall occur. Upon the receipt of the certification of the governing 
body of the county the county treasurer shall pay to such person during the 
remainder of such fiscal year the salary or compensation fixed by the gov- 
erning body, the same to be paid out of the general funds of the county, as if 
specifically appropriated in such annual county supply act. 
1942 Code § 4076-5; 1935 (39) 107; 1942 (42) 1564. 

§ 14-1190. Annual audit of books; expense thereof. 

The legislative delegation for the county may require the auditing of the 
books of the various county officers once each year and may employ such 
expert accountants as it may desire for such purpose. The expenses incurred 
by such audits and the employment of such auditor or expert accountant shall 
be paid by the county treasurer on a warrant signed by the members of the 
General Assembly from the county. 

1942 Code § 4073; 1932 Code § 4073; Civ. C. '22 § 1309; 1920 (31) 1061. 

§ 14-1191. Issue of bonds; purposes. 

The county council may issue bonds pledging the faith and credit of the 
county for purposes authorized by and within the limits prescribed by the 
Constitution of the State, including educational purposes, to build and repair 
public roads, buildings and bridges, to maintain and support prisoners, to 
pay jurors and county officers, for litigation, quarantine and court expenses, 
for ordinary county purposes, to support paupers and to pay past indebted- 
ness. 

1948 (45) 1873. 

§14-1192. Terms of such bonds. 

Bonds issued pursuant to § 14-1191 shall mature serially in such manner 
as the county council may provide. They may contain provisions permitting 
their redemption prior to their stated maturity at premium figures. The 
council may determine the rates of interest such bonds may bear, the method 
of their execution and sale and all other matters incident to the proper issu- 
ance and delivery of such bonds. 

1948 (45) 1873. 

205 



§14-1193 Code of Laws of South Carolina §14-1196 

§14-1193. Tax for payment. 

The county council may order the levy and collection of ad valorem taxes 
upon all taxable property in the county without limitation as to rate or amount 
sufficient to provide for the payment of the principal and interest on such 
bonds. 

1948 (45) 1873. 

§ 14-1 194. Election prerequisite to issue of bonds. 

Prior to the final adoption of any ordinance providing for the issuance of 
bonds pledging in any manner the taxing power of the county, the question 
of issuing such bonds shall be submitted to the qualified electors of the county 
at any general election or at any special election ordered by the council for 
that purpose. Notice of the question to be voted upon shall be given by 
published advertisement thereof in a newspaper of general circulation in the 
county at least once a week for three successive weeks prior to the occasion 
of the election. If the question be submitted at a special election, the council 
may fix the date of such election and shall, not less than fifteen days before 
the date so fixed, notify the Governor of the date so fixed. The Governor 
shall thereupon, for the purpose of carrying on such election, appoint three 
commissioners of election, who shall appoint the managers thereof, receive 
the returns of the managers, declare the result of the election and do and per- 
form all other acts and things necessary or incident to the proper holding of 
such election. The form of ballot to be used shall in all cases be prescribed 
by the commissioners of election. The commissioners and managers shall 
take and subscribe, before any officer authorized to administer oaths, the 
oath of office prescribed by Section 26 of Article III of the Constitution and 
the oath with respect to dueling, and the same shall be immediately filed in 
the office of the clerk of the court of common pleas for the county. No such 
ordinance shall be adopted unless and until the election thereon shall have 
resulted favorably to the issuance of the bonds to be authorized thereby. 

1948 (45) 1873. 

§ 14-1195. Advertisement of certain bonds for sale. 

Any officer, board or commission of the county, or any department or sub- 
division thereof, offering for sale any bonds or bond issue of the county, or 
any subdivision thereof, except revenue bonds issued by the governing body 
of the county not involving the full faith and credit of the county, or any 
political subdivision thereof, or any bonds owned by the county, shall adver- 
tise the same for sale in a newspaper of general circulation in the county 
at least once not less than seven days before selling or agreeing to sell the 
same, the right to be reserved to reject any and all bids therefor. 

1948 (45) 1957. 

§ 14-1196. Advertisement for purchase of supplies, etc. 

Any officer, board or commission purchasing any supplies, equipment, ma- 
terial or other property for public purposes for a price exceeding one hundred 
dollars shall advertise therefor in a newspaper of general circulation in the 

206 



§ 14-1201 Counties § 14-1203 

county at least once not less than seven days before purchasing or agree- 
ing to purchase the same, the right to be reserved to reject any or all bids 
thereon. 

1948 (45) 1957. 

Article 4. 

Construction Permits. 

§ 14-1201. When permit required. 

It shall be unlawful to erect, construct, improve or alter any building or 
part of a building in the county outside the corporate limits of any incor- 
porated city, town or other municipality in the county which by ordinance 
prescribes building permits, without first having obtained from the magis- 
trate in whose territorial jurisdiction the building is located or is to be located 
a written permit for such erection, construction, improvement or alteration. 
But the provisions of this section shall not be applicable when the cost of 
any construction, erection, alterations, repairs or improvements shall not 
exceed one hundred dollars nor to routine upkeep or repair of manufacturing 
or industrial plants. 

1942 Code § 4076-9; 1937 (40) 134. 

§ 14-1202. Application for permit. 

In order to secure such written permit, application in writing shall be made 
to and filed with the magistrate authorized by this article to issue the same. 
Such application shall contain the specifications and plans and the estimated 
cost of such erection, construction, improvement or alteration. 

1942 Code § 4076-9: 1937 (40) 134. 

§ 14-1203. Form of permit. 

Upon the filing with the magistrate of any such application, he shall issue 
a permit in the following form, to wit : 

"This permit is void 12 months from date of 

issue or without signature of magistrate of 

district 

County of Charleston, S. C. 

Office of 

Magistrate of 

Building Permit No 

Date ,19 

Plans and specifications having been filed in the office by 

this permit is therefore issued 

for the 
repair 

construction 
installation 

of a 

described as follows : Location 

School District No : name of owner of land 

207 



§ 14-1204 Code of Laws of South Carolina § 14-1206 



: name of contractor 

Material ; No. of stories 

Character of roof ; cost $ ; 

Date of completion ; fee $ received 



Magistrate." 
1942 Code § 4076-9; 1937 (40) 134. 

§ 14-1204. Permit to be kept at site; inspection. 

The permit when issued shall be kept at the building or place where such 
construction, erection, improvement or alteration is being done and on de- 
mand shall be produced by the person in charge of such work for inspec- 
tion by any police officer or any member of the board of assessment for the 
county, and it shall be unlawful to continue the said work after such demand 
unless and until the permit is produced for such inspection. 

1942 Code § 4076-9; 1937 (40) 134. 

§ 14-1205. Copies of permit; fee; magistrates to post article. 

The magistrate issuing any permit as provided for in this article shall de- 
liver to the board of assessment for the county and also to the county auditor 
within five days copies of the permit so issued. Each applicant at the time 
of securing any permit shall pay to the magistrate an inspection and permit 
fee of fifty cents for each building covered in the permit. The magistrate 
shall retain such fees to cover the costs of issuing permits and any and all 
other expenses in connection with the enforcement of this article. Each 
magistrate in the portions of the county affected by this article shall post 
and keep posted a copy of this article in his office and in two other public 
places in his district. 

1942 Code § 4076-9; 1937 (40) 134. 

§ 14-1206. Penalties. 

Any person violating any of the provisions of this article shall be guilty 
of a misdemeanor and upon conviction thereof shall be subject to a fine not 
exceeding twenty-five dollars nor less than five dollars or imprisonment not 
exceeding ten nor less than three days. In case of a violation of the provisions 
of § 14-1201, each day that such violation is continued shall constitute a sep- 
arate offense. 

1942 Code § 4076-9; 1937 (40) 134. 

Article 5. 
Blank. 



208 



§ 14-1241 Counties § 14-1244 

Article 6. 
County Hall Commission. 

§ 14-1241. Establishment. 

There is hereby created and established in Charleston County a Commis- 
sion to be known as "Charleston County Hall Commission," which shall have 
such rights, duties, powers and authority as herein provided. 

1949 (46) 615. 

§ 14-1242. Body politic and corporate. 

The Charleston County Hall Commission shall be a body politic and cor- 
porate with perpetual succession and shall exercise and enjoy the rights and 
privileges of such and be subject to the rules and regulations herein imposed. 

1949 (46) 615. 

§ 14-1243. Members; terms; vacancies; officers. 

The commission shall be composed of five qualified electors residing in the 
county and shall be appointed by the Governor upon recommendation of a 
majority of the county legislative delegation and the Senator. The term of 
office of the members of the commission shall be four years, the first mem- 
bers, however, having been appointed three for a term of two years and two 
for a term of four years. And the members shall serve until their successors 
shall have been appointed and qualified. They shall elect one of their number 
chairman and one secretary. In the event of a vacancy in the commission such 
vacancy shall be filled in the manner of the original appointment for the un- 
expired term. 

1949 (46) 615. 

§ 14-1244. Powers and duties of commission. 

The commission shall operate and maintain the property in the county 
known as "The County Hall", with full power and authority to hold, lease, 
rent or otherwise contract for the use of said property or any part thereof 
from time to time and at all times as in its opinion will enure to the best in- 
terest of the county for the promotion of entertainment, recreation and sport- 
ing events and may pass such rules and regulations, including the fixing of 
fees for rents and hiring of employees, operation, repairs and maintenance and 
the improvements to said hall as it may deem advisable and with the power in 
general to do all things necessary for the purpose of creating, maintaining 
and operating the county hall for public purposes or for the purpose of pro- 
moting exhibitions, dances and other functions or amusements as aforesaid, 
all or any of them. The commission may prescribe and collect such rents, 
rates, fees, tolls and other charges for the services, facilities and accommoda 
tions which shall be afforded by it as it may deem advisable for the operation 
and maintenance of the county hall. 

1949 (46) 615. 

[2 SC Code] — 14 209 



§ 14-1245 Code of Laws of South Carolina § 14-1262 

§ 14-1245. Deposit and use of receipts. 

The commission shall monthly turn over all money collected by it to the 
county treasurer who shall deposit it to the credit of the commission and 
shall retain it in a separate fund to be known as the "County Hall Fund". 
Said fund shall be used by the commission for the improving, repairing, op- 
eration and maintenance of the county hall, the hiring of employees and the 
purchase of equipment and supplies, all of such purposes or any of them or 
any other purpose which the commission by resolution duly adopted shall 
designate. 

1949 (46) 615. 

§ 14-1246. Entertainment and licenses tax. 

All exhibitions, dances and other functions authorized or permitted by the 
commission to be conducted in the county hall shall be exempted from the 
payment of any entertainment tax imposed by the city council of the city of 
Charleston. Any business license or permit imposed by said city council shall 
not exceed the sum of fifty dollars per day. 

1950 (46) 1837. 

Article 7. 
Blank. 

Article 8. 

Township of Folly Island. 

§14-1261. Territorial limits. 

The territorial limits of the township of Folly Island in Charleston County 

shall be the territorial limits of the island in the county known as Folly 

Island. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389: 
1941 (42) 412. 

§ 14-1262. Commissioners ; election ; terms ; vacancy. 

Said township shall be governed by a board of three township commis- 
sioners — all of whom must be residents of the county. The township com- 
missioners shall next be elected in the general election to be held in 1952, for 
terms of four years commencing January 1, 1953, and until their successors 
shall have been elected and qualified, their successors to be elected in the 
general election held next before the expiration of their terms. Should anv 
township commissioner during the term of his office cease to be an actual 
resident of the county the office held by such township commissioner shall 
become vacant. In the event of any vacancy in any of said offices, however 
caused, it shall be filled for the unexpired term by the Governor upon the 
recommendation of a majority of the county legislative delegation and the 
Senator. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412; 1943 (43) 293. 

210 [2SCCode] 



§ 14-1263 Counties § 14-1269 

§ 14-1263. Eligibility to be commissioner. 

Any qualified elector of the county shall be eligible to hold office as a town- 
ship commissioner. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1264. Compensation of commissioners. 

Each commissioner shall receive as compensation for his services a per diem 

for each meeting attended to be paid out of the funds of the commission. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 193S (40) 1567; 1939 (41) 389; 
1941 (42) 412; 1943 (43) 293; 1951 (47) 506. 

§14-1265. Clerk of commission. 

A clerk shall be elected by the commission and shall perform such duties as 

may be directed by the commission. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1266. Bonds. 

Each commissioner, before entering upon the discharge of his duties as such, 

shall file with the clerk of court of the county a bond conditioned for the 

faithful performance of his duty as such commissioner in the penal sum of 

two thousand dollars. The clerk of said board, appointed under § 14-1265, 

before entering upon the discharge of his duties as such clerk, shall file with 

said clerk of court a bond conditioned for the faithful performance of his 

duties as such clerk in the penal sum of five thousand dollars. Each of said 

bonds shall have corporate sureties thereon, and the premiums therefor shall 

be paid out of the funds of said commission. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1267. Audit. 

A quarterly audit of the financial affairs of the commission shall be made and 

filed in the office of the clerk of court as a public record, the costs thereof to 

be paid out of the funds of the commission. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1268. Meetings. 

The board of township commissioners shall meet at least once a month. 

They may establish rules of procedure to govern the conduct of such meetings. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1269. Powers. 

At such meetings the board may enact ordinances and regulations perti- 
nent to the health and general welfare of the island and its inhabitants and 
may provide for penalties for the infringement or the violation of its ordi- 

211 



§ 14-1270 Code of Laws of South Carolina § 14-1274 

nances not exceeding thirty days' imprisonment and a fine of one hundred 
dollars. It may regulate by ordinance the motor vehicle traffic on the streets, 
roads, byways and beaches on the island and may provide penalties for the 
violation thereof. It may regulate and license any and all businesses, includ- 
ing that of hawking and peddling, carried on on the island, with the same 
powers and authorities as possessed by and invested in municipal corpora- 
tions under the general laws of this State. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1270. Employees. 

In order to enable the commission satisfactorily to conduct the fiscal affairs 

of the township it may employ such clerks and officers as it in its absolute 

discretion deems necessary. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1S67; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1271. Zoning and building restrictions. 

The commissioners of Folly Island township In Charleston County shall for 
the purpose of promoting the health, safety, morals and general welfare of 
said community, regulate and restrict the height, number of stories and size 
of buildings and other structures, the percentage of lots that may be occupied, 
the size of yards, courts and other spaces and the location and use of build- 
ings, structures and land in said township for trade, industry, residence or 
other purposes. But they shall have no authority to regulate the thickness 
of walls of buildings in any manner that conflicts with the laws in force in 
this State. 

1947 (45) 552. 

§ 14-1272. Division into districts for such purposes. 

The commissioners may divide the township into districts of such number, 
shape and area as they deem best suited and within such districts may regu- 
late and restrict the erection, construction, reconstruction, alteration, repair 
and use of buildings and structures. Such regulations shall be uniform, but 
the regulations in one district may differ from those in another. 

1947 (45) 552. 

§ 14-1273. Amendment of zoning regulations. 

All regulations, restrictions, boundaries and provisions adopted by the 
commissioners may, from time to time, be by them amended, supplemented, 
changed, modified or repealed. 

1947 (45) 552. 

§ 14-1274. Exceptions. 

The commissioners may also provide, in appropriate cases and subject to 
appropriate conditions and safeguards, special exceptions as in their judgment 
may be best, in all matters relating to said township. 

1947 (45) 552. 

212 



§ 14-1275 Counties § 14-1278 

§ 14-1275. Certain municipal powers vested in commissioners. 

The township commissioners are specifically vested with all power and 
authority given to cities, towns, villages and special boards by the provisions 
of §§ 47-1001 to 47-1017. 

1947 (45) 552. 

§ 14-1276. Penalties. 

Any violation of any rule or regulation adopted by the commissioners pur- 
suant to §§ 14-1271 to 14-1275 shall be a misdemeanor and the offender, upon 
conviction, shall be punished by a fine of not exceeding one hundred dollars 
or imprisonment not exceeding thirty days. Every violation of any o£ the 
provisions of said sections that continue to exist more than one day shall be 
a separate violation for each day. 

1947 (45) 552. 

§ 14-1277. Appointment of police officers. 

For the enforcement of the ordinances and regulations of the commission 
the commissioners may appoint policemen and other law enforcement officers 
who shall be charged with the enforcement of the ordinances of the town- 
ship commissioners. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1278. System for summoning and receipting for money by police officers. 
The commission shall institute a triplicate numbered combination summons 
and receipt system and shall furnish each policeman and other law enforce- 
ment officer appointed under § 14-1277 with a supply thereof at all times. 
Each member's supply of combination summons and receipt shall be checked 
at least once a day by the magistrate having jurisdiction over Folly Island, 
and the checking magistrate at the time of such check shall receive and 
file one copy of each combination summons and receipt found to have been 
used, the officer to retain the other copy as his record. It shall be unlawful 
for such policemen or law enforcement officers to require or ask any person to 
attend any hearing before any magistrate having jurisdiction over Folly 
Island, whether such person be charged with the violation of any law or 
ordinance or under investigation or required as a witness, unless such police- 
man or other law enforcement officer shall at the same time fill out a sum- 
mons, in triplicate, stating the time, place and purpose of the appearance 
required and shall deliver to such person one copy thereof; and it shall be 
unlawful for any policeman or other law enforcement officer to accept or re- 
ceive from any person any money for fine, bail, recognizance or otherwise, un- 
less at the same time such policeman or other law enforcement officer shall 
fill out a summons and receipt, in triplicate, acknowledging the receipt of 
such money and stating the amount and purpose thereof and shall deliver 
to such person one copy thereof. Any violation of any of the provisions of 
this section by any policeman or law enforcement officer appointed under 

213 



§ 14-1279 Code of Laws of South Carolina § 14-1283 

§ 14-1277 shall constitute a misdemeanor, the punishment of which, upon con- 
viction, shall be in the discretion of the court. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1279. Police under supervision of county police chief. 

The policemen and other law enforcement officers provided for in § 14-1277 

shall be under the supervision of the chief of the county police insofar as their 

police duties are concerned on Folly Island. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1280. Tribunals to try offenses; payment and disposition of fines. 

The civil and criminal court of Charleston and the various magistrates of 
the county are hereby granted jurisdiction to try offenses arising from vio- 
lation of the ordinances of the township; provided, that the county treasurer 
shall keep separate and pay over to the clerk and treasurer of the board of 
township commissioners all fines imposed and collected upon convictions for 
violations of any of the ordinances of the township over and above the amount 
of one hundred and eighty dollars in each fiscal year; and the proper officers 
when paying over such fines to the county treasurer shall notify him that 
they were imposed and collected for such violations. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§14-1281. Imposition of tax ; lien. 

The commission may impose a tax of not exceeding two per cent per annum 

on all taxable property located in the territorial limits of the township and 

may by ordinance provide for the collection of such taxes and may impose 

the same penalties for the nonpayment of taxes as is imposed by the State for 

the failure to pay state taxes when due. The tax so levied shall be a lien 

on the property on which it is imposed for a period of three years from the 

date of its levy. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1282. Payment of taxes; disbursement. 

The taxes herein provided for the township shall be paid to the countv 

treasurer in the same manner as other county taxes are now paid and shall 

be disbursed by the county treasurer upon the warrant of the clerk of the 

township commission with the counter-signature of the chairman of the 

board of commissioners. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

§ 14-1283. Commissioners to report certain needs and requirements. 

The board shall bring to the attention of the governing body of the county, 
and any appropriate agency of the United States the needs and requirements of 

214 



§ 14-1291 Counties § 14-1293 

the district in road and street upkeep, work and repairs, drainage and sani- 
tary improvements, policing and traffic regulations and public improvements 
and projects in the township which may properly be undertaken by any fed- 
eral instrumentality. 

1942 Code § 4077-7; 1936 (39) 1694; 1937 (40) 404; 1938 (40) 1567; 1939 (41) 389; 
1941 (42) 412. 

Article 9. 
Township of Sullivan's Island. 

§ 14-1291. Appointment of board of commissioners. 

The governor shall appoint a commission, to be composed of five persons, 
three of whom shall be lot holders and two of whom shall be registered elec- 
tors on Sullivan's Island, which shall be known as the "Board of Township 
Commissioners for Sullivan's Island, - ' and shall have charge of the township 
affairs of said township, with the powers and duties hereinafter set forth 
The five members of said commission, constituting the board of township 
commissioners for Sullivan's Island, shall be appointed and elected as fol- 
lows, to-wit: two, who shall be registered electors on Sullivan's Island, shall 
be elected by the qualified electors of Sullivan's Island, at the general elec- 
tion held in 1952 and in like manner each two years thereafter, the two persons 
receiving the highest number of votes to be declared elected, if more than 
two offer for election ; two, who shall be lot holders on said island and quali- 
fied electors of this State, but shall not be qualified electors of Sullivan's 
Island, shall be appointed by the Governor; and one, who shall be a lot holder 
on said island and a qualified elector of this State, but shall not be a quali- 
fied elector of Sullivan's Island, shall be appointed by the Governor, upon 
the recommendation in writing of the Senator and a majority of the members 
of the House of Representatives for the county, such appointment to be made 
within ten days after the receipt by the Governor of such written recommenda 
tion. 

1942 Code § 4077-8; 1936 (39) 1604. 

§ 14-1292. Terms of commissioners. 

The commissioners so appointed shall serve for four years, and until their 
successors are appointed and commissioned ; provided, that the two commis- 
sioners who are elected by the qualified electors of Sullivan's Island, as pro- 
vided in § 14-1291, shall serve for two years and until their successors are 
elected. The successors of all five commissioners shall be chosen in the man- 
ner of their respective original election or appointment. 

1942 Code § 4077-8: 1936 (39) 1604. 

§ 14-1293. Vacancies. 

In case a vacancy shall occur in said board by death, resignation, removal 
from office, absence from the State or otherwise, the Governor shall fill the 
vacancy by appointment; provided, however, that in the case of the two com 
missioners elected by the qualified electors of Sullivan's Island, as provided 

215 



§ 14-1294 



Code of Laws of South Carolina 



§ 14-1294 



in § 14-1291, any vacancy occurring therein shall be filled for the unexpired 
term by appointment of the Governor upon the written recommendation of 
the Senator and a majority of the members of the House of Representatives 
for the county within ten days after receipt by him of such written recom- 
mendation ; and provided, further, that in the case of the two commissioners ap- 
pointed by the Governor, as provided in § 14-1291, should no appointment 
be made within thirty days after receipt by him of notification of a vacancj 
therein, such vacancy shall be filled for the unexpired term by appointment 
by the Governor, upon recommendation in writing of the Senator and a ma- 
jority of the members of the House of Representatives for the county within 
ten days after receipt by him of such written recommendation. 

1942 Code § 4077-8; 1936 (39) 1604. 

§ 14-1294. Tax for fire protection and use thereof. 

In order to protect the safety of the buildings and tangible personal prop- 
erty in the township of Sullivan's Island, the county auditor shall levy a tax 
of five mills on all taxable property in the township and the county treasurer 
shall collect the taxes so levied and shall turn them over to the clerk of the 
board of township commissioners of Sullivan's Island quarterly and take his 
receipt for them, such receipt to be full settlement between the township 
and the county treasurer. Such moneys when so collected shall be used by the 
township for the payment of hydrant rental, maintenance and repair and for 
the operation, maintenance and extension of the fire alarm system, such moneys 
to be accounted for annually to the Comptroller General in the annual report 
of the township of receipts and disbursements. 

1943 (43) 315. 



CHAPTER 25. 
Cherokee County. 



Article 1. 
County Government. 



Sec. 








Sec. 


14-1301. 


County board of commissioners. 


14-1311. 


14-1302. 


Election of commissioners; 


va- 


14-1312. 




cancies. 






14-1313. 


14-1303. 


Term of office; removal from 


of- 






fice. 






14-1314. 


14-1304. 


Clerk; appointment; 
cancy; duties. 


term; 


va- 


14-1315. 
14-1316. 


14-1305. 


Blank. 








14-1306. 


County attorney. 






14-1316.1 


14-1307. 


Duties of board. 








14-1308. 


Regular meetings. 








14-1308.1. Special meetings. 






14-1317. 


14-1309. 


Reports. 






14-1318. 



Article 2. 
Financial Matters Generally. 

Appropriations not to be exceeded. 

Approval of claims. 

Board to file itemized statements 

montbly. 
Purchases of supplies. 
Statement of funds expended. 
Misdemeanor to violate §§ 14-1312 

to 14-1315. 
. Treasurer to make itemized 
statement of receipts and dis- 
bursements. 
Annual audit. 
14-1318. Bonds of county officers. 
14-1319. Blank. 



216 



§ 14-1301 Counties § 14-1302 

Sec. Article 4. 

14-1320. Accounting for fees. Sinking Fund Commission. 

14-1320.1. Continuance on fee basis (luring gee. 

"present term." 14-1331. Definitions. 

Article 3 14-1332. Creation. 

14-1333. Members of commission; term. 

Financial Statements of 14-1334. Annual statement of commission. 

Certain Officers. 14-1335. Payment of compensation of com- 

14-1321. Statements required. ,,,„,„ missioners. _ 

14-1322. Bids for publication; posting in """ 3 £ Bond of commissioners. 

lieu of publishing. 14-1337. Duties of commission. 

14-1323. Supervisor's statements. 14-1338. Adjustment of annual levy to 
14-1324. Statements of superintendent of . ., „ needs. 

education 14-1339. Bond and interest fund. 

14-1325. Statements'of magistrates. 14-1340. Unlawful to make certain loans. 

14-1326. Statements of health department. 14-1341. Foreclosure on collateral or real 
14-1327. Statements of sinking fund com- es ; tate - Purchases and sales. 



mission. 
14-1328. Failure to publish statements a 
misdemeanor. 



14-1342. Audit of books. 



Article 1. 

County Government. 

§ 14-1301. County board of commissioners. 

The county government of Cherokee County shall be administered by a 
county board of commissioners, consisting of a supervisor, whose term of office 
shall be for four years, and eight commissioners, whose regular terms of office 
shall be for six years. There shall be one commissioner from each of the town- 
ships of White Plains, Morgan, Gowdeysville and Draytonville and two from 
each of the townships of Limestone and Cherokee. 

1942 Code § 4078; 1932 Code § 4078; Civ. C. '22 § 1310: 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142; 1927 (35) 164; 1934 (38) 1215; 1951 (47) 211. 

§ 14-1302. Election of commissioners ; vacancies. 

The commissioners shall be elected by a majority of the qualified electors 
in the respective townships at the election to be held as the terms of office 
expire or at the first general election occurring subsequent to the expiration 
of such terms and the supervisor shall be elected by the voters of the entire 
county. In the event of a vacancy occurring on the county board of commis- 
sioners, whether in the office of supervisor or township commissioner, such 
vacancy shall be filled by appointment of the Governor upon the recommenda- 
tion of a majority of the legislative delegation of the county. The person 
so appointed to fill any such vacancy shall hold office until the next succeeding 
general election after his appointment, at which election his successor shall 
be elected for the remainder of the unexpired term by a majority of the quali- 
fied electors as in this section provided for the election of such supervisor and 
township commissioners for a full term. 

1942 Code $ 4078; 1932 Code § 4078; Civ. C. '22 § 1310; 1913 (28) 122; 1914 (28J 1 628; 
1918 (30) 817; 1924 (33) 1142; 1927 (35) 164; 1934 (38) 1215; 1951 (47) 211. 

217 



§ 14-1303 Code of Laws of South Carolina § 14-1308 

§ 14-1303 ., Term of office ; removal from office. 

The six original commissioners having drawn lots, two for terms of two 
years, two for terms of four years and two for terms of six years, respectively, 
and the two additional members appointed in 1951 having been appointed 
for a term of six years each, their successors shall be elected for a period of 
six years each, but shall be subject to removal by the Governor upon the 
recommendation of the grand jury of the County for misconduct in the man- 
agement of the affairs of the county. 

1942 Code § 4083; 1932 Code § 4083; Civ. C. '22 § 1315; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142; 19S1 (47) 211. 

§ 14-1304. Clerk; appointment; term; vacancy; duties. 

There shall be a clerk to the county board of commissioners who shall be 
appointed by the Governor upon the recommendation of a majority of the 
county legislative delegation including the Senator. The regular term of 
office shall be for a period of one year, expiring December 31st of each year, 
and until his successor has been duly appointed and qualified. Any vacancy 
occurring in this office shall be filled for the unexpired term in the manner 
provided for the regular term. The clerk to the county board of commissioners 
shall perform such duties as are ordinarily imposed on clerks to county boards 
of commissioners under the general law of the State. 

1951 (47) 55. 

§ 14-1305. Blank. 

§14-1306. County attorney. 

The county attorney for the county shall be appointed by a majority of the 
county legislative delegation and shall serve for a period of two years from 
the date he is appointed. 

1942 Code § 4121-2; 1937 (40) 124. 

§ 14-1307. Duties of board. 

The county board of commissioners shall have charge of the ordinary af- 
fairs of the county, maintain all or any portion of the public roads and high- 
ways of the county, pass upon all claims against the county and perform such 
other duties as were required of the county board of commissioners of the 
county on March 2 1918. 

1942 Code § 4079; 1932 Code § 4079; Civ. C. '22 § 1311; Civ. C. '12 § 946; 1908 (25) 
1209; 1913 (28) 122; 1914 (28) 628; 1918 (30) 817; 1919 (31) 61; 1924 (33) 1142. 

§ 14-1308. Regular meetings. 

The county board of commissioners shall meet in the office of the super- 
visor on the first Tuesday in each month for the purpose of attending to the 
general business of the county. 

1942 Code §4080; 1932 Code §4080; Civ. C. '22 § 1312; 1913 (28) 122; 1914 (28) 628; 
1918 (30) S17; 1924 (33) 1142. 

218 



§ 14-1308.1 Counties § 14-1314 

§ 14-1308.1. Special meetings. 

When deemed necessary or advisable a majority of the members of the 
county board of commissioners may call a special meeting of the board. 
Notice of any such meeting shall be given to the other members in such man- 
ner as such majority shall direct. At any such meeting the board shall have 
the same powers as in regular meetings. 

1951 (47) 211. 

§ 14-1309. Reports. 

The board shall make reports at the end of each quarter. 

1942 Code § 4080; 1932 Code § 4080; Civ. C. '22 § 1312; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142. 

Article 2. 

Financial Matters Generally. 

§ 14-1311. Appropriations not to be exceeded. 

No funds appropriated for any specified purpose shall be expended for any 
other purpose than that for which they were appropriated, and it shall be 
unlawful for the board to issue its warrant for any amount for any pur- 
pose in excess of the amount appropriated for such purpose. The treasurer 
is hereby prohibited from paying any such warrant so issued. 

1942 Code § 4084; 1932 Code § 4084; 1924 (.33) 1142. 

§ 14-1312. Approval of claims. 

No claim shall be paid unless it has been passed on by the board of county 

commissioners. 

1942 Code § 4080; 1932 Code § 4080; Civ. C. '22 § 1312; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142. 

§ 14-1313. Board to file itemized statements monthly. 

The board of commissioners shall, at the end of each month, file with the 

clerk of court of the county for the inspection of the grand jury an itemized 

sworn statement in writing of all expenditures for the chain gang for road 

work, for the poorhouse farm and poor and all other expenditures within 

its jurisdiction, showing every item and its cost and from whom purchased. 

The statement shall at all times be open to the inspection of the public. 

1942 Code § 4083; 1932 Code § 4083; Civ. C. '22 § 1315; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142. 

§14-1314. Purchases of supplies. 

The county supervisor and county commissioners shall give twenty days' 
notice in the newspapers of the county of the purchase of any and all sup- 
plies, goods, wares or merchandise for the use of the county, shall purchase 
not less than supplies for a full quarter at any one time, shall receive sealed 
competitive bids for such supplies as they may desire to purchase and shall 
award the purchase of such supplies to the lowest bidder. No purchase of 
supplies, goods, wares or merchandise shall be a valid and binding obligation 

219 



§ 14-1315 Code of Laws of South Carolina § 14-1317 

of the county unless they are purchased on competitive bids as provided here- 
in ; provided, however, that in case of an emergency the board may make 
purchases for the county when the cost thereof does not exceed fifty dollars, 
and for such purpose a majority of the board shall certify on the claim there- 
for the necessity thereof. 

1942 Code § 4083; 1932 Code § 4083; Civ. C. '22 § 1315; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142. 

§ 14-1315. Statement of funds expended. 

The board of commissioners shall keep an itemized statement of all funds 
expended in the county and for what purpose and shall furnish to the mem- 
bers of the General Assembly for the county a copy of the same before the 
convening of the General Assembly of each year. 

1942 Code § 4079; 1932 Code § 4079; Civ. C. '22 § 1311; Civ. C. '12 § 946; 1908 (25) 
1209; 1913 (28) 122; 1914 (28) 628; 1918 (30) 817; 1919 (31) 61; 1924 (33) 1142. 

§ 14-1316. Misdemeanor to violate §§ 14-1312 to 14-1315. 

Any county commissioner, the supervisor or other officer herein mentioned 

who shall violate any of the provisions of §§ 14-1312 to 14-1315 shall be guilty 

of a misdemeanor and, upon conviction, shall be punished by a fine cf not 

less than one hundred dollars or by imprisonment for not over thirty days and, 

upon the recommendation of a majority of the county legislative delegation 

any such person shall be removed from office by the Governor. 

1942 Code § 4085; 1932 Code § 4085; Civ. C. '22 § 1316; Cr. C. '22 § 553; 1913 (28) 
122; 1914 (28) 628; 1918 (30) 817. 

§ 14-1316.1. Treasurer to make itemized statement of receipts and disburse- 
ments. 

The county treasurer shall at the close of the fiscal year make and file with 
the clerk of the court of common pleas for the county and with the foreman 
of the grand jury of the county an itemized, detailed statement under oath 
of all receipts and disbursements made by him as such treasurer during the 
year and he shall not make or publish any other or further report. 

1942 Code §4086; 1932 Code §4086; Civ. C. '22 §1317; 1914 (29) 15. 

§14-1317. Annual audit. 

The legislative delegation from the county may have an annual audit made 
of all the county officers, including the sinking fund commission. They may 
procure the services of one of the public accountants for the purpose of 
making the audit and shall contract with such accountant therefor out of 
any public moneys of the county not otherwise disposed of, and if necessary 
the county may borrow an amount sufficient to make payment therefor. When 
the work is completed the legislative delegation from the county shall certify 
a bill therefor to the board of county commissioners for the county, and the 
board of county commissioners for the county shall pay the same by voucher 
drawn on the county treasurer, who is hereby directed to pay the same. 

1942 Code § 4119; 1932 Code § 4119; 1930 (36) 1648. 

220 



§ 14-1318 Counties § 14-1320.1 

§14-1318. Bonds of county officers. 

The various county officers of the county shall furnish surety bonds con- 
ditioned upon the faithful performance of their respective duties in the fol- 
lowing respective amounts: supervisor, ten thousand dollars; sheriff, five 
thousand dollars; probate judge, ten thousand dollars; auditor, four thousand 
five hundred dollars; tax collector, five thousand dollars; assistant tax collec- 
tor, five thousand dollars; superintendent of education, one thousand dollars; 
county treasurer, thirty thousand dollars; clerk of court, ten thousand dol- 
lars; magistrates, each, two thousand dollars; county commissioners, each, 
one thousand dollars; assistant to county treasurer, ten thousand dollars; 
assistant to clerk of court, five thousand dollars ; clerk to board of commis- 
sioners, ten thousand dollars. 

1942 Code § 4121; 1933 (38) 233; 1945 (44) 135. 

§ 14-1319. Blank. 

§ 14-1320. Accounting for fees. 

The fees and costs required by law to be paid to the clerk of court, auditor, 
treasurer, judge of probate, sheriff and magistrates of the county shall be 
paid in advance to the respective county officials who shall pay them to the 
treasurer monthly. The moneys received by such officials during an}' one 
calendar month shall be paid over on or before the tenth day of the month 
next succeeding the month in which they are received. Such payments shall 
be accompanied by an itemized verified statement showing the date, the 
source and the purpose for which they were collected. A copy of all such 
statements shall also at the time of payment be filed with the count)' auditor. 
Any one who violates any provision of this section shall be guilty of mis- 
feasance in office and punishable by a fine of not more than five hundred 
dollars or by imprisonment for not more than one year, or by both fine and 
imprisonment, in the discretion of the court. 

1951 (47) 239. 

§ 14-1320.1. Continuance on fee basis during "present term." 

The several county officers named in § 14-1320 may continue on the fee 
basis until their present respective terms of office expire. Upon the expira- 
tion of their present terms of office, they shall be compensated on a salary 
basis as provided in the annual county supply act. The expression "present 
term" shall mean the term of any officer which had not begun on April 28 1951 
but which did begin during the calendar year 1951. Any such officer may, 
during his present term, elect to receive his compensation on such salary 
basis. In electing to be paid on a salary basis, he shall thereby waive his 
right to any of the fees to which he would otherwise be entitled. The elec- 
tion of any such officer shall be evidenced by filing a written statement to that 
effect in the office of the clerk of the court. 
1951 (47) 239. 



221 



§ 14-1321 Code of Laws of South Carolina § 14-1326 

Article 3. 
Financial Statements of Certain Officers. 

§ 14-1321. Statements required. 

The supervisor, the superintendent of education, the magistrates of the 
county, the county health department and the county sinking- fund commis- 
sion shall publish in some newspaper of general circulation in the county 
regular semi-annual financial statements as provided in this article. Each 
department or agency named herein shall issue and publish its report not 
later than fifteen days after the end of the six months period covered by the 
statement. The statements required by this section shall be for the first 
and last six months of each calendar year. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1322. Bids for publication; posting in lieu of publishing. 

The county supervisor shall obtain bids from newspapers published in the 
county, as to the costs of publishing all of these statements, such bids to be 
passed upon by the board of county commissioners. If the board of com- 
missioners deem the costs to be too great, the statements shall be posted in 
typewritten form on the bulletin board in the courthouse lobby, in lieu of 
publication, and shall remain there not less than two weeks. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1323. Supervisor's statements. 

The supervisor shall publish an itemized statement of all claims approved 
and ordered paid by the county board of commissioners, giving the voucher 
number, to whom issued, for what and the amount of each claim. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1324. Statements of superintendent of education. 

The superintendent of education shall publish a list of all vouchers ap- 
proved, showing the number of each, to whom issued, for what and the amount 
of each claim, grouping the claims by school districts. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1325. Statements of magistrates. 

The magistrates shall publish semi-annual statements of all fines and costs 
collected, showing the date, name of person for whom payment is made and 
the amount in each case. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1326. Statements of health department. 

The county health department shall publish semi-annual statements show- 
ing the total amount of money received and the expenditures made during 
each quarter, itemizing the expenses as to whom and for what all sums are 
paid out. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

222 



§ 14-1327 Counties § 14-1334 

§ 14-1327. Statements of sinking fund commission. 

The county sinking fund commission shall publish regular statements show- 
ing the amount of money received, paid out and for what and balances on 
hand for each period. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

§ 14-1328. Failure to publish statements a misdemeanor. 

The failure of any official required by this article to issue and publish the 
statements as provided is hereby declared to be a misdemeanor which shall 
be punished by a fine not exceeding five dollars or imprisonment not exceed- 
ing three days for each and every day that the statements in question remain 
unpublished after the expiration of the fifteen days allowed following the close 
of each six months. 

1942 Code § 4118; 1932 Code § 4118; 1930 (36) 1299; 1931 (37) 612. 

Article 4. 
Sinking Fund Commission. 

§ 14-1331. Definitions. 

In this article, unless the context otherwise requires, the following words 
and expressions have the following meaning: 

(1) "Sinking Fund" means money received, assessed or collected and the 
investments and all interest and earnings arising therefrom in the county 
for the purpose of paying the principal of all long term outstanding bonds 
of the county and the school districts of the county ; and 

(2) "Sinking Fund Contributions" means the amount produced by annual 
levy of taxes required for the purpose of paying the principal of all outstand- 
ing long term bonds of the county and the political divisions thereof. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

Cited in State v. Daniel, 165 S. C. 281, 
163 S. E. 721 (1928). 

§ 14-1332. Creation. 

There shall be a sinking fund and sinking fund commission for the county. 
1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§ 14-1333. Members of commission; term. 

The governor shall appoint three commissioners on the recommendation 

of a majority of the members of the legislative delegation for the county who 

shall serve for two years. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288; 
1945 (44) 135. 

§ 14-1334. Annual statement of commission. 

The commission shall make a detailed statement of its transactions for the 
past year showing interest accrued, the amount that comes into its hands and 

223 



§ 14-1335 Code of Laws of South Carolina § 14-1337 

the amount paid out, to the circuit judge at the first term of the court of 
sessions for each year. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288- 
1945 (44) 135. 

§ 14-1335. Payment of compensation of commissioners. 

The compensation for each commissioner shall be payable on the warrant 

of the chairman of the commission. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288; 
1945 (44) 135; 1951 (47) 506. 

§14-1336. Bond of commissioners. 

Each member of the sinking fund commission shall file with the treasurer 

of the county a surety bond in the sum of one thousand dollars from such 

surety company as is authorized to do business in the State. The premium 

on such bonds shall be paid from any funds in the hands of the commission. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288; 
1945 (44) 135. 

§ 14-1337. Duties of commission. 

The sinking fund commission shall carefully ascertain the amounts of an- 
nual levies placed for the purpose of paying the interest on railroad bonds, 
county, township or school district or districts bonds or for paying and re- 
tiring such bonds and other levies made to pay the interest and principal 
on any county or township debt or the debt of any subdivision thereof im- 
mediately after such levies are collected by the treasurer each year and shall 
draw its warrant upon the county treasurer transferring the amount to the 
sinking fund account. It shall lend and invest the amount thus raised by 
such levies in interest-bearing securities from time to time, on such terms 
as are herein authorized, and shall keep a book into which such annual levies 
shall be entered showing the date, amount and purpose of the levies and to 
whom moneys are loaned, the rate of interest, when due and when paid. The 
commission shall keep the interest and cash fund separate and distinct, and 
shall pay from such fund the interest due on all bonds as it becomes due and 
shall pay the bonds when they become due, preserving the bonds, when paid, in 
the vaults of the county treasurer as evidence of payment. Such interest and 
principal so paid on such bonds shall be paid only from funds raised from 
the whole county or the different sections of the county for the purpose and 
any other funds of a special character collected by levy for any such specific 
purpose. The sinking fund commission shall determine the amount of the 
annual sinking fund contributions which, when invested at not less than 
five per cent shall, together with the interest earned, meet the maturity of 
all long term bonds of the county and its political divisions and shall certify 
such amount to the tax assessing authorities of the county who shall annually 
levy such amount to be collected as other taxes, and the county treasurer shall 
turn over to the sinking fund commission such levy when collected. The 
said sinking fund commission shall invest all moneys or securities received 

224 



§ 14-1338 Counties § 14-1341 

and belonging to the sinking fund in the outstanding bonds or notes of the 
county and its political divisions, and if such bonds are not available the sink- 
ing fund shall be invested in the bonds and securities of the State or any of 
its political divisions or in bonds of other states or of political divisions of 
other states of the United States. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§ 14-1338. Adjustment of annual levy to needs. 

The sinking fund commission shall determine and ascertain the amount of 
sinking fund requirements at the end of each year to meet the payment of 
long term bonds, and in event the actual amount of sinking fund assets on 
hand is less than the amount required, the difference shall be ascertained and 
added to the annual assessment and levy for that year. But if the actual sink- 
ing fund assets are in excess of such requirements, the difference shall be 
ascertained and shall be deducted from the regular annual levy made for the 
regular annual contribution to this fund. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§ 14-1339. Bond and interest fund. 

The interest on all bonds of the county and its political divisions and all 
bond installments falling due shall be ascertained, and a separate levy shall 
be made to meet such liability each year. Such moneys shall be known as 
the bond and interest fund, which shall be kept separate and distinct from 
all other funds by the county treasurer. The treasurer shall pay out of this 
fund all interest on all bonds and all serial payments falling due. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§ 14-1340. Unlawful to make certain loans. 

It shall be unlawful for the sinking fund commission to loan or invest any 
moneys of the sinking fund to individuals or corporations secured by per- 
sonal endorsements or stocks of corporations. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§ 14-1341. Foreclosure on collateral or real estate; purchases and sales. 

In the event it shall become necessary, in the judgment of the sinking fund 
commission, to sell at public or private sale any collateral or chose in action 
pledged or hypothecated to secure any note or other obligation held by the 
commission, in order to apply the same to any debt thereby secured, the com- 
mission may purchase such collateral or chose in action, for and in the name 
of the sinking fund commission, at such sale, if, in the judgment of the com- 
mission, the price offered at such sale shall be materially less than the fair 
market value of such collateral or security, and may hold the same until such 
time as market conditions shall appear to them more favorable for sale. In 
the event of foreclosure by the commission of any real estate mortgage held 
by it as security for any debt or obligation the commission may purchase at 
any sale of such real estate the mortgaged property, just as in the case of 
personal property, security or collateral, as prescribed hereinabove. The 
[2 SC Code] — 15 225 



§ 14-1342 



Code of Laws of South Carolina 



§ 14-1351 



commission may at any time, when in its judgment market conditions are 
favorable, sell and convey any such personal property or real estate that it 
may have purchased at any sale, as provided herein, and may execute good 
title to the property conveyed in fee simple to the purchaser upon his com- 
pliance with the terms of sale. In the sale of any real estate by the commis- 
sion as herein authorized, such sale may be made upon such terms as in the 
judgment of the commission may obtain the best prices. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 

§14-1342. Audit of books. 

The legislative delegation of the county shall have the books and records 
of the sinking fund commission audited at least once each year by a qualified 
public accountant, and a copy of the report of such audit shall be filed as a 
public document in the county treasurer's office. 

1942 Code § 4120; 1932 Code § 4120; 1930 (36) 1152; 1931 (37) 72; 1932 (37) 1288. 



CHAPTER 26. 
Chester County. 



Article 1. 
General Provisions. 



Sec. 
14-1351 

14-1351. 
14-1352 



Abusing or mutilating courthouse. 
1. Amounts of bonds of officers. 
Officers to file bonds in clerk of 
court's office. 
14-1353. Salaries of officials; collection of 

fees. 
14-1354. Audits. 

14-1355. Grand jury investigation of vouch- 
ers. 
14-1356. Publication of budgets and ap- 
proval of tax levies. 

Article 2. 

County Government. 

14-1361. Division of county into districts. . 
14-1362. Board of county directors; ap- 
pointment and term; vacancies. 
14-1363. Chairman; meetings. 



14-1364. Blank. 



Sec. 

14-1365. Bonds of members. 

14-1366. Clerk; appointment; term. 

14-1366.1. Administrative duties and powers. 

14-1366.2. Employees. 

14-1366.3. Duties as to county property. 

14-1366.4. Act as purchasing agent. 

14-1367. Compensation of county em- 
ployees. 

14-1368. Bonds of county employees. 

14-1369. Removal of county employees. 

14-1370. Duties of board. 

14-1371. Further duties. 

14-1372. County contingent fund. 

14-1373. General laws applicable unless in- 
consistent. 

Article 3. 

County Attorney. 

14-1381. Appointment, term and compen- 
sation. 
14-1382. Duties; payment for legal service. 



Article 1. 

General Provisions. 

§ 14-1351. Abusing or mutilating courthouse. 

It shall be unlawful for any one to spit upon the stairway, floors or walls in 
any of the halls, offices, court rooms, toilets or any other room of the court- 
house of Chester County, to strike matches upon any of the walls or throw burn- 

226 [2SCCode] 



§ 14-1351.1 Counties § 14-1353 

ing matches upon any of the floors of said courthouse or in any other way to 
abuse or mutilate said courthouse building or to abuse or mutilate any of the 
furniture or equipment of the same in any of the ways above mentioned. The 
sheriff and his deputies, the magistrate of district No. 1 and his constable, 
the members of the board of directors, the clerk of court and his deputy and 
all other county officers whose offices are in the courthouse shall enforce the 
provisions of this section. Any violation of any provision of this section dur- 
ing any session of the court shall be construed as contempt of court and pun- 
ishable by the court as such. Anyone violating any provision of this section 
shall be guilty of a misdemeanor and be punished by fine not exceeding ten 
dollars or imprisonment for ten days, in the discretion of the court. 
1942 Code § 1175: 1932 Code § 1175; 1929 (36) 94. 

Cited in Singletary v. Wilson, 191 S. C. 
153, 3 S. E. (2d) 802 (1938). 

§ 14-1351.1. Amounts of bonds of officers. 

The official bonds of the following officials of the County shall be as follows: 

Treasurer $30,000.00 

Assistant Treasurer 15,000.00 

Auditor 5,000.00 

Clerk of Court 15.000.00 

Deputy Clerk of Court 5,000.00 

Probate Judge 10,000.00 

Sheriff 5,000.00 

The Clerk 20,000.00 

Tax Collector 10,000.00 

1951 (47) 348. 

§ 14-1352. Officers to file bonds in clerk of court's office. 

Every officer in the county who is now required by law to furnish bond for 
the faithful performance of his official duties shall have the bond recorded in 
the office of the clerk of court for the county immediately upon its execution 
and shall pay the clerk for recording the bond the fee now required by law for 
recording real estate mortgages. Upon the payment of such fee, the clerk 
of court shall issue to every such officer his certificate of recording. The salary 
of every bonded officer in the county who fails to comply with the provisions of 
this section shall be withheld until he shall comply therewith. The certificate 
required herein to be issued by the clerk of court shall be sufficient evidence 
of the recording of any bond. 

1942 Code § 4138-1; 1936 (39) 1447. 

§ 14-1353. Salaries of officials ; collection of fees. 

Annual salaries of each of the officers of the county shall be fixed annually 
in the county supply act. All fees prescribed by law to be paid to the vari- 
ous county officers shall be collected by them and turned over monthly to 
the county treasurer. Each county officer shall keep a complete record of 
every instrument filed, recorded or acted upon and the amount of the fees 

227 



§ 14-1354 Code of Laws of South Carolina § 14-1356 

collected by him. Not later than the tenth day of each month, the respective 
officers shall turn over to the treasurer all fees collected by them during the 
previous month and the record showing for what purposes the fees were col- 
lected. 

1951 (47) 296. 

§ 14-1354. Audits. 

The county legislative delegation shall have a complete and thorough 
examination of the books and doings of all county officers and offices, boards, 
commissions or any other county agencies of the county at least once each 
year and, if they deem it necessary at any time for the best interest of the 
county that any county officer and office, board, commission or other county 
agency shall be audited more often than the regular annual audit, they shall 
contract therefor with such certified accountant as they may deem competent 
and qualified at such salary or compensation as they may fix, to be paid out of 
the county contingent fund. But no certified accountant shall be allowed to 
make the annual audit of the books of all of the county officers and offices, 
boards, commissions or other county agencies for more than two consecutive 
times. The clerk shall publish a notice of the time when and place where the 
audit is filed once in each of the county newspapers. 

1951 (47) 299. 

§ 14-1355. Grand jury investigation of vouchers. 

The grand jury of the county shall appoint a committee, not exceeding 
three, of their members to examine the vouchers of the governing body of the 
county, county officers and offices, boards, commissions or any other county 
agencies annually and receive therefor such per diem and mileage as may be 
fixed by the governing body of the county with the approval in writing of the 
county legislative delegation, to be paid out of the county contingent fund. 

1951 (47) 299. 

§ 14-1356. Publication of budgets and approval of tax levies. 

The county auditor shall not levy, nor shall the county treasurer collect, 
any tax levy recommended by any board, commission, including public service 
commissions, or other governmental agency of the county, until such board, 
commission or other agency shall have published its budget once in each news- 
paper of the county. The budget shall show in detail the amount of the pro- 
posed appropriation, the purpose for which the appropriation is to be used 
and the millage recommended to be levied. The millage shall not be levied 
by the auditor or collected by the treasurer unless it shall have been approved 
by a majority of the county legislative delegation. 

1951 (47) 407. 



228 



§ 14-1361 Counties § 14-1365 

Article 2. 

County Government. 

§ 14-1361. Division of county into districts. 

For the purpose of this article the county is hereby divided into five dis- 
tricts, as follows: District No. 1, composed of Chester Township; District No. 
2, composed of Lewisville and Landsford Townships ; District No. 3, com- 
posed of Rossville Township ; District No. 4, composed of Hazelwood and 
Blackstock Townships ; and District No. 5, composed of Hallsellville and Baton 
Rouge Townships. 

1942 Code § 4123; 1932 Code § 4123; Civ. C. '22 § 1366; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418, 2314. 

§ 14-1362. Board of county directors; appointment and term; vacancies. 

There shall be a board of county directors of the county to consist of five 
members, one resident, qualified elector from each of said districts. The 
members of the board shall be appointed by the Governor, upon the written 
recommendation of the county legislative delegation, or a majority thereof, 
including the Senator, for a term of two years and until their successors are 
likewise so appointed and qualified. Vacancies shall be filled in the same man- 
ner as the original appointments and the appointment shall be for the un- 
expired term. In making recommendations for appointment of members of 
such board from each of such districts the county legislative delegation or a 
majority thereof, including the Senator, shall recognize and consider only, 
or primarily, the wishes of the residents of the district from which such ap- 
pointment is to be made. 

1942 Code § 4123; 1932 Code § 4123; Civ. C. '22 § 1366; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418, 2314. 

§14-1363. Chairman ; meetings. 

The board shall elect from its number a chairman to preside over the 

meetings of the board. Meetings shall be held at least once each month in 

the office of the Board located in the county courthouse. 

1942 Code § 4124; 1932 Code § 4124; Civ. C. '22 § 1367; 1916 (29) 851; 1920 (31) 816; 
1923 (33) 81; 1924 (33) 962; 1944 (43) 1418. 

§ 14-1364. Blank. 

§ 14-1365. Bonds of members. 

Each member of the board, before entering upon the discharge of the duties 
of his office, shall enter into a bond secured by a duly licensed surety com- 
pany to be approved by the clerk of court, payable to the county, in the sum 
of five thousand dollars, conditioned for the faithful performance of his duties. 
The premiums on such bonds shall be paid out of the ordinary fund of the 
county. 

1942 Code § 4124; 1932 Code § 4124: Civ. C. '22 § 1367; 1916 (29) 851; 1920 (31) 816; 
1923 (.33) 81; 1924 (33) 962; 1944 (43) 1418. 

229 



§ 14-1366 Code of Laws of South Carolina § 14-1366.4 

§ 14-1366. Clerk; appointment; term. 

The clerk of the Chester County board of directors shall be appointed by 
the board upon the recommendation and approval of a majority of the Chester 
County legislative delegation. The term of office of the clerk shall be for one 
year, said term to begin July 1 1951. The clerk shall continue in office until 
his successor has been duly appointed and qualifies. Vacancies occurring in 
the office of the clerk shall be filled as in the original manner and shall be for 
the unexpired portion of the term. The clerk shall be placed under a twenty 
thousand ($20,000.00) dollar surety bond conditioned upon the faithful per- 
formance of the duties of his office. 

1951 (47) 1002. 

§ 14-1366.1. Administrative duties and powers. 

The clerk shall be the administrative officer of the board. He shall admin- 
ister the affairs of the board and shall in the absence of the board or when the 
board is not in session, perform the duties and carry out those functions of the 
board imposed by § 14-1371. The clerk shall have general supervision of all 
county buildings, county farm, nursing and convalescent home, dieting of 
prisoners in the county jail and the keeping of the books and records of the 
office of the board, and shall have all other duties of an administrative nature. 

1951 (47) 1002. 

§ 14-1366.2. Employees. 

The board shall employ assistants, agents and servants and retain the serv- 
ices of such professional and technical experts as may be necessary to properly 
carry on the business of the county upon the recommendation of the clerk 
except employees of the county road department, who shall be employed by 
the supervisor of roads. 

1942 Code § 4127; 1932 Code § 4127; Civ. C. '22 § 1370; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418; 1951 (47) 1002. 

§ 14-1366.3. Duties as to county property. 

The clerk in cooperation with the supervisor of roads shall organize and 
maintain an efficient system of operation for the county road department, the 
county prison stockade and the county shops. The system shall include a 
record of all receipts and disbursements, purchases, etc., and shall also include 
a monthly inventory of all materials, supplies, equipment and machinery on 
hand. The inventory is to be made by the clerk or some person acting under 
his direction. The clerk shall make a report at the end of each month to the 
board showing the work performed during the month, together with the 
expenditures therefor; and he shall attend all regular meetings of the board. 

1951 (47) 1002. 

§ 14-1366.4. Act as purchasing agent. 

The clerk shall be the purchasing agent for the county and purchase all 
supplies, machinery, equipment and materials, claims for which shall be ap- 
proved by the board. All purchases of supplies, machinery, equipment and 

230 



§ 14-1367 Counties § 14-1368 

materials in excess of two hundred fifty dollars shall be made by the clerk by 
asking for and advertising for public bids. The clerk shall ask for and receive 
two or more bids for any supplies, machinery, equipment or materials to be 
purchased. The clerk, in asking for and advertising for bids, shall submit a 
list of specifications in detail for any purchase or purchases to be made. After 
bids have been received from two or more bidders the clerk shall make pur- 
chase or purchases from the lowest bidder. No purchases shall be divided for 
the purpose of circumventing these provisions. When purchases of any 
supplies, machinery, equipment or materials are made from any governmental 
agency or department, the clerk shall make such purchases without asking 
for and advertising for bids but with the approval of the board and a majority 
of the legislative delegation. Under emergency conditions the clerk may make 
purchases without asking for and advertising for bids. Such purchases may 
be made with the approval of the board and a majority of the legislative 
delegation. Purchases under two hundred fifty dollars shall be made by the 
clerk without asking for and advertising for bids, and in every such instance 
the clerk shall certify on the claim for the article purchased the reasons there- 
for. All claims against the county for supplies, machinery, equipment and 
materials arising under and to be paid for out of the appropriations for the 
departments of the county in charge of the board shall first be approved by 
the clerk before being paid. Any purchase of any supplies, machinery, equip- 
ment or materials made contrary to the above provisions shall not be paid out 
of any county funds. 
1951 (47) 1002. 

§ 14-1367. Compensation of county employees. 

The compensation and salaries of the clerk of the board, supervisor of roads 
and of all other employees, agents and servants of the county shall be deter- 
mined and fixed by the board of county directors, shall be as low as may be 
consistent with securing competent employees and efficient service and shall 
not be more or less than the respective amounts provided in the annual county 
supply act or authorized and approved in writing by the county legislative 
delegation. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 14-1368. Bonds of county employees. 

An adequate bond with good and sufficient surety payable to the board of 
county directors and conditioned for the faithful performance of their duties 
shall be required of the clerk of the board of county directors, of the super- 
visor of roads and of such other employees and contracting parties as the 
board may deem proper. 

1942 Code § 4128; 1932 Code § 412S; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 



231 



§ 14-1369 Code of Laws of South Carolina § 14-1372 

§ 14-1369. Removal of county employees. 

The clerk of the board of county directors and all other employees, except 

as herein provided, shall be subject to removal or discharge at the discretion 

of the board. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 14-1370. Duties of board. 

All the duties, obligations and functions imposed by law prior to February 
26 1920 upon the township road supervisors, the county commissioners and 
the county supervisor of the county, which may be consistent with the pro- 
visions of this article, together with all the powers and authority then vested 
by law in such offices and officers, are hereby devolved upon and vested in said 
board of county directors. 

1942 Code § 4125; 1932 Code § 4125; Civ. C. '22 § 1368; 1916 (29) 851; 1920 (31) S16. 

§ 14-1371. Further duties. 

The board of county directors shall organize and conduct the administra- 
tion of the county's business, financial and fiscal affairs upon a systematic, 
economical and efficient basis. To that end the board shall: 

(1) Provide and maintain at the county seat an office for the transaction 
of business, which shall be open as nearly as practicable upon every business 
day of the year, wherein shall be kept all books of account, contracts, cor- 
respondence and other records of official business ; 

(2) Inaugurate and maintain, under such expert supervision and direction as 
may be necessary, a system of receiving and disbursing funds and keeping 
accurate check of the same and of accounting and bookkeeping that will prop- 
erly safeguard the public interest and accurately determine and show the 
cost of maintaining all public institutions and public property and of per- 
forming all public work of every character; 

(3) Maintain and keep in repair and in efficient operative condition all 
county property and county institutions : and 

(4) Advise and cooperate with the supervisor of roads for the construction 

and proper maintenance and upkeep of the county's roads, highways and 

bridges. 

1942 Code § 4126; 1932 Code § 4126; Civ. C. '22 § 1369; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 14-1372. County contingent fund. 

All surplus funds in the treasury of the county which are on hand at the 
end of each fiscal year as a result of any appropriations made by the annual 
county supply act for any specific purpose not being fully expended shall be 
placed in the county contingent fund. Also any funds which may accumulate 
in the county treasurer's office from taxes or other income which may come 
into the treasurer's office in any fiscal year, at any time, and which are not 
otherwise specifically pledged or appropriated pursuant to law for other 
purposes shall immediately, by virtue of this section, become a part of the 

232 



§ 14-1373 Counties § 14-1382 

county contingent fund. Moneys or funds in the county contingent fund may 

be transferred, spent or disbursed for county purposes only upon the written 

order of a majority of the county legislative delegation, including the Senator. 

1942 Code § 4129; 1932 Code § 4129; Civ. C. '22 § 1372; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 14-1373. General laws applicable unless inconsistent. 

The board of county directors of the county shall be governed by and sub- 
ject to all such provisions of the general law with respect to the exercise of 
its powers and the administration of the county's affairs as are not in- 
consistent with the provisions of this article. 

1942 Code § 4133; 1932 Code § 4133; Civ. C. '22 § 1376; 1916 (29) 851; 1920 (31) 816. 

Article 3. 

Comity Attorney. 

§ 14-1381. Appointment, term and compensation. 

The county attorney for the County shall hereafter be appointed by a 
majority of the county legislative delegation. The term for each appointment 
shall be for a period of one year, dating from July 1st of each year, and shall 
be at such compensation as may be provided in the annual county supply act, 
payable in monthly installments. In case a vacancy occurs an appointment 
shall be made as provided for an appointment for a full term and shall be for 
the balance of the term. 

1944 (A3) 1184. 

§ 14-1382. Duties; payment for legal service. 

The county attorney shall render legal service and advice to all county 
officers and all county officers shall call upon the county attorney when legal 
service or advice is needed on county matters. No county or public funds, 
except as herein provided, shall be paid out for legal service or advice to any 
county officer or department except upon written consent of the county leg- 
islative delegation. 

1944 (43) 1184. 



233 



Code of Laws of South Carolina 



CHAPTER 27. 
Chesterfield County. 



Article 1. 
General Provisions. 



Sec. 

14-1401. 



Sheriff and treasurer to recei' 
salaries in lieu of fees. 
14-1402. Contingent fund; disbursement. 



Article 2. 
County Government. 

Districts; by whom commission- 
ers elected. 

Election of commissioners. 

Terms of office. 

Vacancies. 

Blank. 

Chairman. 

Bond of members. 

Meetings of board. 

Powers and duties of board. 

Statement of expenditures. 

Supervisor of roads. 

Supervisor not to furnish ma- 
terials or supplies. 



14-1411. 

14-1412. 
14-1413. 
14-1414. 
14-1415. 
14-1416. 
14-1417. 
14-1418. 
14-1419. 
14-1420. 
14-1421. 
14-1422. 



14-1431. 

14-1432. 

14-1433. 

14-1434. 
14-1435. 
14-1436. 

14-1437. 



Article 3. 
Budgets. 

Submission of budgets by depart- 
ments, etc. 

Duties of commissioners 
budgets. 

No expenditures in ex< 
budget. 

Orders for payment. 

Duties and powers of 

Payments to persons 
county. 

Liability of clerk, treasurer and 
superintendent of education. 



as to 



of 



treasurer, 
indebted to 



Article 4. 
Sinking Fund Commission. 

14-1441. Constitution of commission. 

14-1442. Terms; vacancies. 

14-1443. Officers. 

14-1444. Oath of members. 

14-1445. Duties and powers of commission. 

14-1446. Records of sinking funds taken 
over. 

14-1447. Purchase of outstanding obliga- 
tions. 

14-1448. Investment of surplus funds in 
county treasury. 

14-1449. Sale of such investments. 



Sec. 

14-1450. Purchase of bonds; use of funds 
for purpose. 

14-1451. Use of county funds for school 
district or township bonds. 

14-1452. Approval required for payment of 
indebtedness. 

14-1453. Charge of advances to subdivision; 
repayment. 

14-1454. Report when funds not available 
for payment. 

14-1455. Taxes to retire township and 
school district bonds. 

14-1456. Tax on subdivisions to repay 
county. 

14-1457. Levy and application of such taxes; 
interest payable to county. 

14-1458. Report of advances to subdivisions. 

14-1459. Annual report of subdivisions' in- 
debtedness. 

14-1460. Examination, report, etc., of bonds 
of county officers. 

14-1461. Securities held for protection of de- 
posits. 

14-1462. Approval of depositories; with- 
drawal of approval. 

14-1463. Study of needs for public buildings 
and improvements. 

Article 5. 
Annual Audit. 

14-1471. Requirement for audit. 
14-1472. Matters auditor to report. 
14-1473. Additional matters auditor to re- 
port. 
14-1474. Recommendations. 
14-1475. Award of audit; cost. 
14-1476. When audit made. 
14-1477. Filing of audit and copies thereof. 
14-1478. Officials to cooperate. 

Article 6. 
Use of Courthouse Offices. 

14-1481. Officers to use offices on ground 

floor. 
14-1482. Use of courtroom on second floor. 
14-1483. Use of certain other rooms. 
14-1484. Enforcement. 

Article 7. 

Sale of Unneeded Real Estate. 

14-1491. Resolution and approval prerequi- 
site to sale. 



234 



§14-1401 Counties §14-1411 

Sec. Sec. 

14-1492. Sale to be at public auction; terms 14-1493. Contents of deed of conveyance, 
when private sale permitted. 14-1494. Execution of deed. 

Article 1. 
General Provisions. 

§ 14-1401. Sheriff and treasurer to receive salaries in lieu of fees. 

In lieu of the retention of all fees, costs, commissions and charges and of any 
and all sums of money paid the sheriff and treasurer of Chesterfield County on 
account of compensation or otherwise such officers shall be paid such salaries 
as may be provided by law and annually appropriated by the General As- 
sembly. All costs, fees, commissions and charges collected from a defaulting 
taxpayer upon delinquent tax executions by the sheriff of the county shall be 
paid into the county treasury monthly and shall be credited to the ordinary 
county funds. 

1942 Code § 4146; 1938 (40) 1894. 

Cross reference. — As to substitution of to collection of delinquent taxes in Chester- 
county tax collector for sheriff with regard field County, see § 65-2281. 

§14-1402. Contingent fund; disbursement. 

All surplus funds in the treasury of the county at any time, from taxes and 
any other income which may come into the county treasury in any year, and 
which are not otherwise specifically pledged or appropriated pursuant to law 
for other purposes, shall immediately by virtue of this section be and become 
segregated, set aside and allocated and are hereby appropriated for use in the 
county contingent fund. The moneys so arising and accumulating in the 
contingent fund shall be disbursed by the board of county commissioners of 
the count)', upon the written approval of a majority of the county legislative 
delegation, including the Senator. 

1944 (32) 1327. 

Article 2. 

County Government. 

§ 14-1411. Districts; by whom commissioners elected. 

The county of Chesterfield is hereby divided into three road districts to be 
composed and constituted as follows: 

(1) The eastern road district shall be composed of the townships of Cheraw, 
Pee Dee and Steerpen ; 

(2) The middle district shall be composed of the townships of Chesterfield, 
Cole Hill and Mt. Croghan ; and 

(3) The western district shall be composed of the townships of Pageland, 
Jefferson and Alligator. 

One member of the county board of commissioners shall be elected from 
each district by the entire electorate of the county. 
1942 Code § 4139; 1932 Code § 4139; 1931 (37) 115. 

235 

BUREAU OF PUBLIC ADMINISTRATION 

UNIVERSITY OF SOUTH CAROLINA 

COLUMBIA 



§ 14-1412 Code of Laws of South Carolina § 14-1419 

§ 14-1412. Election of commissioners. 

At the regular election to be held in the county for other offices in the county 
in the year 1952 and every two years thereafter there shall be elected a board 
of county commissioners for the county composed of one member from 
each of the road districts provided for in § 14-1411. 

1942 Code § 4140; 1932 Code § 4140; 1931 (37) 115. 

§ 14-1413. Terms of office. 

The regular terms of office of the commissioners shall be for a period of two 
years and until their successors are elected and qualified. 

1942 Code §§ 4139, 4140; 1932 Code §§ 4139, 4140; 1931 (37) 115. 

§ 14-1414. Vacancies. 

In the event of a vacancy on the board the Governor shall fill the same by 
appointment upon the recommendation of a majority of the legislative delega- 
tion of the county. 

1942 Code § 4140; 1932 Code § 4140; 1931 (37) 115. 

§ 14-1415. Blank. 

§ 14-1416. Chairman. 

The board of county commissioners shall elect from their number a chair- 
man upon whom may be devolved by the board in its discretion such executive 
and official duties as it may deem advisable. 

1942 Code § 4141: 1932 Code § 4141; 1931 (37) 116. 

§ 14-1417. Bond of members. 

Each member of the board before entering upon the duties of his office shall 
enter into a bond in the sum of three thousand dollars with some reliable 
surety company as surety for the faithful performance of his duties, such bond 
to be approved by the clerk of court of the county and by the solicitor of the 
fourth judicial circuit. 

1942 Code § 4141; 1932 Code § 4141; 1931 (37) 116. 

§ 14-1418. Meetings of board. 

The board shall meet on the first Wednesday of each month and may call 
special meetings at any time the board may deem advisable. 

1942 Code § 4143; 1932 Code § 4143; 1931 (37) 117. 

§ 14-1419. Powers and duties of board. 

The board of county commissioners shall have and exercise all the powers 
and duties, obligations and functions which on March 6 1931 were vested in 
and conferred upon the board of county commissioners under general law and 
under any special law for the county and which are not inconsistent with the 
provisions of this article, and may organize and conduct the administration of 
the business of the county and its financial and fiscal affairs upon a systematic 
and effective basis. To that end the board shall provide and maintain at the 

236 



§ 14-1420 Counties § 14-1421 

county seat of the county an office for the transaction of business, which shall 
be kept open as nearly as practicable every business day of the year, wherein 
shall be kept all books, accounts, contracts, claims and all other records of 
official business and such a system of bookkeeping as will properly safeguard 
the public interest and accurately determine and show the cost of maintaining 
all public institutions and public property and the costs and expenses of public 
works of every kind. The board shall maintain and keep in repair all public 
property and shall be chargeable with, and responsible for, the construction 
and proper maintenance and upkeep of the roads, highways and bridges of the 
county which the county is obligated to maintain or construct and shall have 
full control, supervision and management of the county chain gang and the 
road working and maintenance forces of the county and operate the same as it 
may deem best and shall provide for the proper care and maintenance of the 
county chain gang. The board may make contracts with respect to, and shall 
have all the powers conferred by law for laying out, opening and constructing 
roads in the county. The board shall supervise and make all purchases of 
supplies and machinery for the county and shall make purchases upon com- 
petitive bids so far as practicable. The board shall pass upon, approve or dis- 
approve all claims against the county, and no claim against the county shall 
be paid except on approval of the board. All contracts for road and bridge 
work must be approved in writing by a majority of the board. 

1942 Code §§ 4142, 4147; 1932 Code §§ 4142, 4147; Civ. C. '22 § 1391; 1916 (29) 853; 

1918 (30) 864; 1919 (31) 192; 1920 (31) 1034; 1931 (37) 114. 

§ 14-1420. Statement of expenditures. 

The board shall publish semi-annually an itemized statement of all ex- 
penditures made by the county. 

1942 Code § 4147; 1932 Code § 4147; Civ. C. '22 § 1391; 1916 (29) 853; 1918 (30) 864; 

1919 (31) 192; 1920 (31) 1034. 

§ 14-1421. Supervisor of roads. 

The board of county commissioners shall employ a competent person to 
have in charge, organize and manage the construction, maintenance and repair 
of the roads, highways and bridges of the county who shall be known as the 
supervisor of roads and who shall employ overseers and labor for such purpose 
with the approval of the board. The salaries of persons so employed by the 
road supervisor shall be approved by the board, and all claims for salaries, or 
otherwise, for services rendered by such employees under the supervision of the 
supervisor of roads shall be approved by him and also approved by the board 
before being paid. The duties performed by the clerk of the board of county 
commissioners prior to March 6 1931 are hereby devolved upon the supervisor 
of roads. The supervisor of roads shall keep an accurate record of the minutes 
of each meeting of the board in a separate book, of all claims filed and paid or 
disapproved and of all acts and doings of the board. 

1942 Code § 4143; 1932 Code § 4143; 1931 (37) 114. 

237 



§ 14-1422 Code of Laws of South Carolina § 14-1434 

§ 14-1422. Supervisor not to furnish materials or supplies. 

The county road supervisor is expressly forbidden to contract, work with 
or to furnish any material or supplies to the county. 

1942 Code § 4144; 1932 Code § 4144; 1931 (37) 118. 

Article 3. 
Budgets. 

§ 14-1431. Submission of budgets by departments, etc. 

On or before the 1st day of October in each year every county agency, de- 
partment, board, bureau, officer, agent and employee for whom an appropria- 
tion is made or any purchases of any nature whatsoever are made or supplies 
of any nature furnished or supplied by the county shall prepare and submit to 
the board of county commissioners of the county a proposed written budget 
in quadruplicate containing an itemized and detailed written statement of the 
anticipated revenue and income, if any, of such agency, department, board, 
bureau, officer, agent or employee from every source during the next ensuing 
fiscal year and an itemized and detailed written statement of every proposed 
expenditure or disbursement to be made during the next ensuing fiscal year 
for any and every purpose whatsoever. 

1943 (43) 95. 

§ 14-1432. Duties of commissioners as to budgets. 

The board of county commissioners shall examine each of such budgets and, 
if desired, examine the officer who prepared any particular budget and on 
or before January 1st of each year transmit one copy of each of such budgets 
to each member of the county legislative delegation, with such changes, alter- 
ations, amendments, increases and decreases of items and such recommenda- 
tions as the board shall deem proper. 

1943 (43) 95. 

§ 14-1433. No expenditures in excess of budget. 

No warrant, voucher or order for the payment of money shall be issued or 
approved for payment by the board of county commissioners for any item or 
appropriation not included in the budget as approved by the board of county 
commissioners for the particular agency, department, board, bureau, officer, 
agent or employee, nor any item in excess of the amount provided for the par- 
ticular item or purpose. 

1943 (43) 95. 

§ 14-1434. Orders for payment. 

Every voucher, warrant or order of the board of county commissioners for 
the payment of moneys out of the county treasury must specify the appropria- 
tion or account from which it is drawn, and before it is issued the clerk of the 
board of county commissioners must endorse thereon in writing his official 
certificate that the available balance of the particular appropriation or account 

238 



§ 14-1435 Counties § 14-1442 

is sufficient to cover the particular voucher, order or warrant for the payment 
of money. 
1943 (43) 95. 

§ 14-1435. Duties and powers of treasurer. 

The county treasurer shall set up and maintain an account for each appro- 
priation in the annual county supply act and he shall not pay any voucher, 
warrant or order of the board of county commissioners for the payment of 
money unless the same shall specify the appropriation or account from which 
it is drawn and is to be charged and contains the certificate of the clerk of the 
board of county commissioners that the available balance in the particular 
appropriation or account is sufficient to cover the amount of the voucher, 
order or warrant to be issued. 

1943 (43) 95. 

§ 14-1436. Payments to persons indebted to county. 

The board of county commissioners, the county superintendent of education 
and the county treasurer of the county shall not issue, approve for payment 
or pay any voucher, warrant or order for the payment of moneys out of the 
county treasury to any person who is indebted to the county, or any sub- 
division thereof, for unpaid taxes or otherwise, except for an amount in excess 
of such indebtedness, unless such claimant shall, at the time the voucher, 
warrant or order is approved, pay such taxes or other indebtedness in full. 

1943 (43) 95. 

§ 14-1437. Liability of clerk, treasurer and superintendent of education. 

The clerk of the board of county commissioners, the county superintendent 
of education and the county treasurer shall be personally and officially liable 
for the expenditure or disbursement of any county funds in violation of the 
provisions of this article. 

1943 (43) 95. 

Article 4. 

Sinking Fund Commission. 

§ 14-1441. Constitution of commission. 

The sinking fund commission of the county shall consist of the county 
treasurer and the chairman of the board of county commissioners, ex officio, 
and three members appointed and commissioned by the Governor upon the 
written recommendation of a majority of the county legislative delegation, in- 
cluding the Senator. 

1944 (43) 1377'. 

§ 14-1442. Terms; vacancies. 

The three appointive members of the commission, though originally ap- 
pointed for terms of two, four and six years respectively, shall hereafter be 
appointed as herein provided for a term of six years. Vacancies in the offices 

239 



§ 14-1443 Code of Laws of South Carolina § 14-1445 

of the appointive members shall be filled as herein provided, for the unexpired 
term only. 
1944 (43) 1377. 

§ 14-1443. Officers. 

The members of the commission shall elect one of their number as chairman, 
and the county treasurer shall be ex-officio secretary and treasurer and shall 
have custody of all moneys coming into the hands of the commission. 

1944 (43) 1377. 

§ 14-1444. Oath of members. 

The appointive members of the commission shall qualify by taking the oath 
prescribed by law for county officers before the clerk of the court of common 
pleas of the county, and such oath of office shall be filed in the office of the 
clerk of court and the commission of the Governor entered of record therein. 

1944 (43) 1377. 

§ 14-1445. Duties and powers of commission. 

The commission shall have and exercise the following duties and powers: 

(1) Whenever requested, to consult with, counsel and advise the county 
legislative delegation, the board of county commissioners, the county board 
of education and all other county officers with respect to the business affairs, 
management and operation of the county government in general and, in par- 
ticular, the finances, debt services and refunding and liquidation of the bonded 
indebtedness of the county and its sub-divisions ; 

(2) To make investigations and studies, from time to time, of the county 
government of the county and to make, from time to time, such reports and 
recommendations to the county legislative delegation, the board of county 
commissioners and the county board of education as, in the judgment of the 
commission, are necessary or advisable for the simplification, improvement 
and procurement of a more efficient and economical administration of the 
county government in general and the fiscal affairs thereof in particular; 

(3) To make such recommendations to the county legislative delegation, 
the board of county commissioners and the county board of education with 
respect to the fiscal affairs of the county and of the public schools and for 
the refunding, payment and liquidation of the bonded indebtedness of the 
county and the public school districts therein as it shall deem advisable ; and 

(4) For the purpose of procuring the establishment and location of indus- 
trial enterprises in the county, the commission may make a study of the natural 
resources, labor, economic factors, attractions and advantages available in 
the county for industrial enterprises and provide for the dissemination of such 
data and information. 

The commission may also assist and cooperate with all federal, state and 
private agencies and organizations engaged in the location of industrial en- 
terprises in the county and recommend such taxes and other measures and 

240 



§ 14-1446 Counties § 14-1450 

actions as it shall deem advisable to encourage the location of new industrial 
enterprises in the county. 

1944 (43) 1377. 

§ 14-1446. Records of sinking funds taken over. 

The sinking fund commission shall take over all moneys, property, se- 
curity, records and accounts of all township and school sinking funds, except 
the special district of Cheraw, shall keep separate accounts for each sinking 
fund with the date of maturity of the several bonds or notes issued by the 
township or school district. 

1944 (43) 1377. 

§ 14-1447. Purchase of outstanding obligations. 

Whenever it shall be to the interest of the county the sinking fund commis- 
sion may buy up any of such bonds or notes and cancel the same out of the 
funds coming into their hands applicable to the several bond issues and keep 
an accurate record of the same and furnish it to the county authorities within 
a reasonable time after the application therefor by such authorities. 

1944 (43) 1377. 

§ 14-1448. Investment of surplus funds in county treasury. 

The treasurer of the county, upon resolution of the sinking fund commission 
of the county duly adopted and entered of record in the minute book of the 
commission and with the written approval of a majority of the county legisla- 
tive delegation, including the Senator, may invest any surplus funds in the 
county treasury, or other moneys therein, not required for normal operation of 
the county government or for debt payments or services, in United States 
bonds, obligations of the State of South Carolina or bonds of Chesterfield 
County or any of the school districts or townships therein. In making any 
such investments due care shall be taken to purchase bonds or obligations that 
can be promptly converted into cash at not less than par. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1449. Sale of such investments. 

Any and all such bonds, securities and investments so acquired and all other 
bonds or securities now owned or hereafter acquired by the county may be 
sold by the sinking fund commission upon an appropriate resolution duly 
adopted and entered into the official minute book of the commission and with 
the written approval of a majority of the county legislative delegation, includ- 
ing the Senator. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1450. Purchase of bonds ; use of funds for purpose. 

The commission may purchase any of the outstanding bonds of the county, 

or the townships or school districts thereof, out of any funds in the county 

treasury received from the sale of bonds of the townships or school districts 

or from the sale of refunding bonds of the county, townships or school dis- 

[2 SC Code] — 16 241 



§ 14-1451 Code of Laws of South Carolina § 14-1453 

tricts. Any surplus funds in the county treasury not otherwise specifically 
appropriated or pledged or required for the normal operation of the county 
government and debt payments may be used to purchase any of the above- 
mentioned bonds. The commission shall use the utmost endeavor to purchase 
all bonds of the county, school districts and townships which have not ma- 
tured and are not callable but are available for purchase at par or for par and 
a reasonable premium. In so far as possible bonds of issues which bear the 
highest rate of interest shall be purchased first. 

1944 (43) 1377. 

§ 14-1451. Use of county funds for school district or township bonds. 

No county funds, other than the moneys collected and credited to the ac- 
count of a particular school district or township, shall be used to pay the 
principal or interest on any school district or township bonds or any other 
indebtedness of any such school districts or townships ; provided that when 
the balance in the county treasury remaining to the credit of any school dis- 
trict or township is insufficient to pay the matured principal or interest on any 
bonded or other indebtedness of any such school district or township, the 
count} 7 sinking fund commission may, by appropriate resolution, authorize 
the county treasurer to pay such matured principal or interest on such bonds 
or indebtedness out of any unappropriated surplus in the county treasury. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1452. Approval required for payment of indebtedness. 

No money shall be drawn from the county treasury for the payment of any 
bonded or other indebtedness of the county, or any subdivision thereof, other 
than for the payment of interest and matured principal, except upon the direc- 
tion of an appropriate resolution of the county sinking fund commission duly 
adopted and entered on its minutes and with the approval, in writing, of a 
majority of county legislative delegation, including the Senator. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1453. Charge of advances to subdivision ; repayment. 

When any county funds are so advanced by the county to pay any indebted- 
ness of any of the school districts or townships of the county the county 
treasurer shall immediately credit the account of the particular school dis- 
trict or township with the sum of money so advanced to it by the county and 
enter an account on his books wherein such school district or township shall 
be charged with the amount of the county funds so advanced to its credit. 
Whenever sufficient funds are available to the credit of the account of any 
such school district or township so indebted to the county the county treas- 
urer shall debit its account with the amount due to the county and credit the 
account of the county against it with such sum. 

1944 (43) 1377; 1946 (44) 1378. 

242 [2SCCode] 



§ 14-1454 Counties § 14-1458 

§ 14-1454. Report when funds not available for payment. 

If the fund of any school district or township shall be, at any time, insuffi- 
cient to pay the matured principal and interest on the bonded indebtedness 
of any such school district or township and the sinking fund commission shall 
decline to authorize the payment of such indebtedness out of the unappropri- 
ated funds in the county treasury or in the event the unappropriated surplus 
in the county treasury is insufficient to pay such indebtedness, the county 
treasurer shall immediately report such circumstances to the county legisla- 
tive delegation. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1455. Taxes to retire township and school district bonds. 

If there are any bonds issued and outstanding prior to March 20 1944 for 
which there is not a sufficient levy on such township or school district to meet 
the interest and maturities thereof, the auditor of the county may place on 
such township or school district a sufficient levy to meet the same, when he 
shall have filed with him a certificate of the sinking fund commission that such 
levy is needed. All funds disbursed under this section by the sinking fund 
commission, except interest, shall be by voucher signed by a majority of the 
commission. 

1944 (43) 1377. 

§ 14-1456. Tax on subdivisions to repay county. 

The sinking fund commission shall, by appropriate resolution, annually 
direct the county auditor to levy a special tax against the property in each of 
the several school districts and townships sufficient to pay the indebtedness 
of each of them to the county. But the commission may, in its discretion, 
direct the county auditor to levy annually a special tax of a designated millage 
over such period of time or years as shall be sufficient to pay in full such in- 
debtedness of any school district or township. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1457. Levy and application of such taxes; interest payable to county. 

Such taxes, as directed by the county sinking fund commission, shall be 
levied and assessed by the county auditor and collected by the county treas- 
urer and applied by him on the payment of the amount due to the county. 
The sinking fund commission shall fix the interest which shall be charged and 
added to such indebtedness. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1458. Report of advances to subdivisions. 

Whenever bonds of any school district or township are purchased or paid 
by the county the county treasurer shall immediately charge the particular 
school district or township with the amount of county funds advanced and 
used to purchase or pay such bonds and report the transaction to the county 
auditor, the sinking fund commission and the county legislative delegation. 

1944 (43) 1377; 1946 (44) 1378. 

243 



§ 14-1459 Code of Laws of South Carolina § 14-1462 

§ 14-1459. Annual report of subdivisions' indebtedness. 

At the end of each fiscal year the county treasurer shall make a written 
report to the county auditor, the sinking fund commission and the county 
legislative delegation showing the indebtedness owing to the county by each 
of the said school districts or townships. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1460. Examination, report, etc., of bonds of county officers. 

The county attorney shall examine the bonds of all county officers and 
employees required by law to file an official bond, as to their form, execution 
and validity, and shall report to the county sinking fund commission and the 
county legislative delegation a schedule of such bonds, showing the principals, 
sureties, amounts and conditions of all of such bonds. The county attorney 
shall include in such report the name of any officer or person who has failed 
to file a bond required by law. The county sinking fund commission, with 
the assistance of the county attorney, shall make a study of all county bonds 
and recommend to the county legislative delegation such changes and remedial 
legislation as it may deem necessary to safeguard properly all public funds and 
protect the interest of the public in a proper and lawful performance of the 
duties of all public officers of the county. Such examination and report shall 
be made annually and as soon as practicable after the end of each fiscal year. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1461. Securities held for protection of deposits. 

The sinking fund commission of the county shall examine, at quarterly 
intervals, all of the securities held by the county treasurer for the protection 
of the deposits of the county or public funds. No such securities shall be 
accepted by the county treasurer until they have been first duly approved in 
writing by the sinking fund commission. 

1944 (43) 1377; 1946 (44) 1378. 

§ 14-1462. Approval of depositories ; withdrawal of approval. 

All banks or other depositories of the public funds of the county or any 
subdivision thereof must be approved annually by the sinking fund commis- 
sion of the county. Such approval shall be made annually between the 1st 
and 31st days of January and by resolution of the commission duly entered in 
the minute book or record of the proceedings of the commission and signed 
by the chairman or vice-chairman and secretary. The county sinking fund 
commission may at any time vacate and rescind the approval of any bank or 
depository and order and direct the county treasurer or other officer to with- 
draw and remove all public funds from any bank or depository the approval 
of which it has rescinded or in any other case when the commission deems 
the depository of public funds to be insecure or unsafe. 

1944 (43) 1377; 1946 (44) 1378. 

244 



§ 14-1463 Counties § 14-1474 

§ 14-1463. Study of needs for public buildings and improvements. 

The sinking fund commission, the county board of commissioners and the 
county board of education are requested to make a study of the needs of the 
county and the school districts with respect to public buildings and improve- 
ments and to provide a report and plans for the construction and improve- 
ment of the public buildings of the county and school districts and to have 
such plans and program ready for execution in cooperation with any state or 
federal public works program. 

1944 (43) 1377. 

Article 5. 
Annual Audit. 

§14-1471. Requirement for audit. 

The board of county commissioners of the county shall employ a competent 
accountant or auditor to make annually at the end of each fiscal year an audit 
of all of the county offices and all of the books, records and financial affairs of 
such offices. Upon request by the county board of education such audit shall 
include any of the school districts of the county. 

1944 (43) 1350. 

§ 14-1472. Matters auditor to report. 

In making such audit the accountant or auditor shall report and set forth in 
his written audit any irregularities in the disbursement or expenditure of any 
county or public funds ; the unauthorized disbursement or expenditure of any 
county or public funds; the disbursement or expenditure of any moneys in 
excess of the amount appropriated or available in any account or available 
for the specific purpose for which expended ; or the incurring of any obliga- 
tion not authorized by law and any deficits incurred in any of such offices. 

1944 (43) 1350. 

§ 14-1473. Additional matters auditor to report. 

The accountant or auditor shall report and set forth in his written audit 
any violation of the provisions of article 3 of this chapter; any violations of 
the provisions of §§ 21-1921 to 21-1925, 21-1927 to 21-1931, 21-1933 and 21-1944 ; 
any violation of the provisions of the current county supply act; and any ne- 
glect, mismanagement or misfeasance or other violation of law in the manage- 
ment and operation of the county offices or of the county government of the 
county. 

1944 (43) 1350. 

§ 14-1474. Recommendations. 

Such accountant or auditor shall make such recommendations as he shall 
deem necessary or advisable for the simplification and improvement of the 
operation, services and records of the county offices and in order to procure 
an efficient and economical administration of the business and financial affairs 
of the county and the several offices thereof. 

1944 (43) 1350. 

245 



§ 14-1475 Code of Laws of South Carolina § 14-1482 

§ 14-1475. Award of audit ; cost. 

The contract for such audits shall be awarded annually by the board of 
county commissioners, subject to the written approval of a majority of the 
county legislative delegation, including the Senator, the cost of the same to 
be paid out of the county contingent fund. 

1944 (43) 1350. 

§ 14-1476. When audit made. 

Such audit shall be made as soon as practicable after the end of each fiscal 
year. 

1944 (43) 1350. 

§ 14-1477. Filing of audit and copies thereof. 

As soon as the audit has been completed the original thereof shall be filed 
in the office of the clerk of the court of common pleas and shall remain on 
file therein as a public record. At the time of the filing of the original audit 
copies thereof shall be delivered to the foreman of the county grand jury, the 
chairman of the board of county commissioners, the county treasurer, the 
county superintendent of education and each member of the county legisla- 
tive delegation. 

1944 (43) 1350. 

§ 14-1478. Officials to cooperate. 

All officials of the county, of the school districts therein and of all the sub- 
divisions thereof shall cooperate with the auditor in the making of the audits 
and shall make available to him all the records in their several offices. 

1944 (43) 1350. 

Article 6. 
Use of Courthouse Offices. 

§ 14-1481. Officers to use offices on ground floor. 

The offices on the ground floor of the county courthouse shall be occupied 
and used by the sheriff, treasurer, clerk of court, auditor, county superintend- 
ent of education and probate judge, and each of said officers shall continue to 
occupy the respective offices now occupied by each of them. 

1943 (43) 33. 

§ 14-1482. Use of courtroom on second floor. 

The courtroom on the second floor of the courthouse shall be reserved and 
used for sessions of the courts of common pleas and general sessions, for 
magistrates' trials and hearings before the master when the courtroom is not 
required for the general sessions or common pleas courts, and for such other 
public uses as shall be approved by the clerk of the court. 

1943 (43) 33. 

246 



§ 14-1483 Counties § 14-1492 

§ 14-1483. Use of certain other rooms. 

Each of the two jury rooms on the second floor of the courthouse shall be 
reserved and used exclusively for the juries during terms of the courts of 
common pleas and general sessions. The two rooms on the east side of the 
second floor of the annex or addition to the old courthouse shall be occupied 
and used as offices for the master in equity, except that the small room in the 
southeast corner of the annex shall be vacated during sessions of the courts 
of common pleas and general sessions and set aside as chambers for the ex- 
clusive use of the presiding judge. The room in the northwest corner of 
the second floor of the annex shall be designated the Grand Jury Room and 
during sessions of the court of general sessions shall be reserved exclusively 
for the use of the grand jury and at other times shall be used only for such 
public purposes as shall be approved by the clerk of the court, and then only 
for such public purposes as shall not interfere with the use of the room by 
the grand jury at any time it should be required. 

1943 (43) 33. 

§ 14-1484. Enforcement. 

The board of county commissioners of the county shall execute the provi- 
sions of this article. 

1943 (43) 33. 

Article 7. 

Sale of Unneeded Real Estate. 

§ 14-1491. Resolution and approval prerequisite to sale. 

The board of county commissioners of the county may sell and convey any 
real property of the county not required for public use. Before any such 
property is sold the board must by an appropriate resolution duly adopted arid 
entered in its permanent minutes declare that the particular real property is 
not, and is not likely to be, required for public use, and the resolution de- 
claring specific property not to be required for public use must be approved 
in writing by the Senator and at least one member of the house of repre- 
sentatives from the county. 

1946 (44) 1480. 

§ 14-1492. Sale to be at public auction; terms when private sale permitted. 

Such real property must be sold at public auction to the highest bidder, for 
cash or upon such credit terms and conditions as the board of county com- 
missioners shall order and direct. In case of sales on credit the deferred pay- 
ments or credit portion of the purchase money must be secured by a first mort- 
gage on the property sold. The property to be sold shall be advertised by pub- 
lication of a notice of sale on the bulletin board in the county courthouse and 
in one or more newspapers printed and circulated in the county for three weeks 
as in cases of judicial sales. In all such sales the board of county commission- 
ers shall reserve the right to reject any and all bids, and only such bids shall 
be accepted and confirmed as the board of county commissioners shall ad- 
judge, after an inspection of the property to be sold or an appraisal thereof, 

247 



§ 14-1493 



Code of Laws of South Carolina 



§ 14-1494 



to be the full value of the particular property to be sold. After any specific 
property has been once offered for sale at public auction as herein provided 
and no sale had, such property may be sold by the board of county commis- 
sioners at private sale for a price not less than the appraised value thereof nor 
less than the highest bid at the public sale. 
1946 (44) 1480. 

§ 14-1493. Contents of deed of conveyance. 

The deed of the board of county commissioners for any real property sold 
by it must identify the resolution declaring the particular property not to 
be required for public use, recite compliance with all of the provisions and 
conditions of this article and contain an appropriate reference to the resolu- 
tion of the board confirming the sale and directing the conveyance of the spe- 
cific property. 

1946 (44) 1480. 

§14-1494. Execution of deed. 

All such conveyances must be signed by the chairman of the board of 
county commissioners, be attested by the clerk to the board and have the 
official seal of the board affixed thereto. 

1946 (44) 1480. 



Article 1. 
General Provisions. 



CHAPTER 28. 
Clarendon County. 
Sec. 



bee. 

14-1501. Appropriations not to be exceeded. 

14-1502. Statements to be published. 

14-1503. Inventories, how kept and checked. 

14-1504. Inspection of county property. 

14-1505. Supervisor to obtain receipt from 
successor; liability for unac- 
counted loss. 

14-1506. Presiding judge to explain article 
to grand jury. 

14-1507. Hours offices to be open. 

Article 2. 
Purchases and Contracts. 

14-1511. How supplies purchased and work- 
ordered by supervisor. 

14-1512. No claim valid unless accompanied 
by order. 

14-1513. Form of order. 

14-1514. Advertisement for purchases over 
twenty-five dollars. 

14-1515. How office supplies, etc., bought, 
stored and issued. 



14-1516. Contracts for road work and build- 
ing repairs; how advertised and 
let. 

14-1517. No member of county board of 
commissioners to contract for 
work or materials. 

Article 3. 

Certain Officers Paid Salaries 
in Lieu of Fees. 

14-1521. What officers affected. 

14-1522. Record of fees; monthly state- 
ments and payments to treasurer 

14-1523. Statement prerequisite for salary. 

14-1524. Forms for statements; public rec- 
ord. 

14-1525. Violation; penalties. 

Article 4. 
Deposit and Investment of Public Funds. 

14-1531. 



Liability of officers; security re- 
quired. 



248 



§ 14-1501 Counties § 14-1502 

Sec. Sec. 

14-1532. Treasurer's checking account; 14-1533. Investment of funds held by treas- 
temporary accounts of other of- urer. 

ficers. 

Article 1. 

General Provisions. 

§ 14-1501. Appropriations not to be exceeded. 

The county board of commissioners of Clarendon County is prohibited from 
drawing any warrant upon the county treasurer to be. paid out of any of the 
several funds specifically appropriated for any purpose other than that for 
which the same shall have been so appropriated, and it shall be unlawful for 
the county treasurer to pay any such prohibited warrant. It shall be unlawful 
for the county board of commissioners, or any member thereof, to create, by 
contract, express or implied, any obligation against the county which, with 
the obligations then existing and chargeable to any particular item of appro- 
priation, shall exceed the amount specifically appropriated therefor. Should 
the county board of commissioners, or any member thereof, violate the pro- 
visions of this section the claim resulting therefrom shall be declared null 
and void as against the county and the officer offending shall be held re- 
sponsible to the claimant therefor upon his official bond. 

1942 Code § 4178: 1932 Code § 4178; Civ. C. '22 § 1299; 1918 (30) 687. 
Cross reference. — See note to § 71-304. 

§ 14-1502. Statements to be published. 

During the months of January, April, July and October of each year the 
county board of commissioners shall publish in a newspaper of the county 
a statement containing the following information, to wit: amounts appropri- 
ated respectively for "roads, bridges and chain gang," "public buildings," 
"poor and poor farm," "court expenses," "books, stationery and printing," 
"salaries," "contingent expenses." and "back indebtedness," the total amount 
of claims approved from January first to the first day of the month in which 
such report is made, payable out of the respective appropriations, and, in 
another column, as nearly as can be ascertained, the amount of obligations 
of the county contracted for, incurred or chargeable to the respective appro- 
priations but for which claims have not been audited by the board. Such 
statement shall also contain a statement of the number of convicts in the 
chain gang on the first day of each of the preceding months of the same year. 
Each of the statements shall also show the number of mules and horses owned 
by the county and the number of employees of the county connected with the 
chain gang. The statement published in January of each year shall also show 
the average cost of maintenance per day of each of the convicts on the county 
chain gang. Each of the statements shall also show the amount owing for 
borrowed money and the rate of interest paid for the same. The statement 
published in January shall also show the amount of the bonded indebtedness 

249 



§ 14-1503 Code of Laws of South Carolina § 14-1507 

of the county, when due and the amount of the sinking funds to retire the 
same. 

1942 Code § 4169: 1932 Code § 4169; Civ. C. '22 § 1290; 1918 (30) 687. 

§ 14-1503. Inventories, how kept and checked. 

An inventory of the county machinery, tools, equipment and live stock shall 
be kept on record in the office of the board of county commissioners and a 
copy thereof filed with the grand jury at each session of court with a statement 
of what has been bought since the last court and the prices paid for the same 
and what has been lost or destroyed in the period, with an explanation of such 
loss or destruction. The grand jury shall, from time to time, check such in- 
ventory and ascertain the truth of the explanations of any loss or destruction 
so reported. 

1942 Code § 4170; 1932 Code § 4170; Civ. C. '22 § 1291; 1918 (30) 687. 

§ 14-1504. Inspection of county property. 

The member of the governing body of Clarendon County appointed pursuant 
to § 55-525 to visit the county chain gang shall also inspect each month the 
condition of the livestock owned by the county and other county property and 
shall include his findings with respect thereto in the monthly report required 
under said section. 

1942 Code § 4182; 1932 Code § 4182; Civ. C. '22 § 1303: 1918 (30) 687. 

§ 14-1505. Supervisor to obtain receipt from successor; liability for unac- 
counted loss. 

Any supervisor going out of office shall obtain a receipt from his successor 
for such machinery, tools, equipment and live stock and shall be liable on his 
official bond for any not produced and delivered to his successor unless the 
grand jury shall accept his explanation of the loss thereof and excuse him from 
liability therefor. 

1942 Code § 4171; 1932 Code § 4171; Civ. C. '22 § 1292; 1918 (30) 687. 

§ 14-1506. Presiding judge to explain article to grand jury. 

The purport of articles 1 and 2 of this chapter shall be explained to the grand 
jury by the presiding judge at each regular term of court, and the judge shall 
instruct the grand jury as to their duty to examine and see if the provisions 
thereof have been followed. 

1942 Code § 4183; 1932 Code § 4183; Civ. C. '22 § 1304; 1918 (30) 687. 

§ 14-1507. Hours offices to be open. 

The offices in the courthouse of Clarendon County shall be kept open during 
such hours as the various officers of said county shall deem necessary and con- 
venient in the public interest. But such offices may be closed one week day 
afternoon each week throughout the year if such closing be in the opinion of 
the various officers not inconsistent with the interest and convenience of the 
public. 

1942 Code §4186; 1932 Code §4186; 1931 (37) 390; 1933 (38) 131. 

250 



§ 14-1511 Counties § 14-1514 

Article 2. 
Purchases and Contracts. 

§ 14-1511. How supplies purchased and work ordered by supervisor. 

At the time the supervisor of the county purchases any supplies, machinery, 
material or other property or orders the same or directs any work to be done 
or contracts for the same, he shall issue an order therefor which shall show 
what property is purchased or what work is to be done or material furnished, 
and, if a price be fixed for such property, materials or work, it shall be stated 
thereon. The supervisor shall file as part of the records of the board of county 
commissioners a duplicate of such order, and in case no definite price has been 
fixed for the said property, materials or work the supervisor shall put on the 
duplicate filed by him his estimate of the amount of the probable obligation 
of the county thereunder. At each regular meeting of the county board of 
commissioners all of these duplicates not previously considered shall be 
passed upon by the board and approved or disapproved by it. But such 
disapproval shall not affect the legality of any contract otherwise legal. 

1942 Code § 4165; 1932 Code § 4165; Civ. C. '22 § 1286; 1918 (30) 687. 

§ 14-1512. No claim valid unless accompanied by order. 

No claim for property furnished or work done shall be audited or allowed 
unless accompanied by an order issued by the supervisor as directed by § 14- 
1511 ; provided that this section shall not apply to claims for salaries or other 
claims against the county the amount of which is fixed by law. 

1942 Code § 4166; 1932 Code § 4166; Civ. C. '22 § 1287; 1918 (30) 687. 

§14-1513. Form of order. 

Such orders shall be substantially in the following form and shall be num- 
bered serially: 

"No 19.... 

To 

Please furnish the following property or do the following work for Clarendon 
County: 

Price. 



Supervisor, Clarendon County, S. C." 
"This order must be attached to the claim and presented to the county board 
of commissioners within thirty days after compliance with the above order." 
1942 Code § 4167; 1932 Code § 4167; Civ. C. '22 § 1288; 1918 (30) 687. 

§ 14-1514. Advertisement for purchases over twenty-five dollars. 

No office or chain gang supplies or machinery, materials or equipment 
amounting to more than twenty-five dollars shall be purchased except after 

251 



§ 14-1515 Code of Laws of South Carolina § 14-1517 

advertising for bids for two weeks by posting notices thereof at the court- 
house door and, when deemed advisable by the county board of commissioners, 
also in such newspapers as will be most likely to give notice to persons likely 
to submit bids thereon. But the board is not hereby required to buy from 
persons submitting bids. And in cases of emergency the board may dispense 
with such advertisement, but in such case the full details of such purchase 
shall be published with the next quarterly statement published, as required 
by § 14-1502. 

1942 Code § 4168; 1932 Code § 4168; Civ. C. '22 § 1289; 1918 (30) 687. 

§ 14-1515. How office supplies, etc., bought, stored and issued. 

All office supplies, forms, books and blanks to be furnished by the county 
for the clerk of court, sheriff, probate judge, treasurer, auditor, superintendent 
of education, magistrates or other officers shall be purchased, procured and 
furnished by the county board of commissioners and requisitions shall be 
made in writing to the board for the same by such officers, who shall receipt 
for the same when delivered to them. The board of county commissioners 
shall provide for the purchase, storage and delivery of such office supplies, 
forms, books and blanks and the keeping of definite, accurate records of re- 
ceipts and distribution thereof and for periodical inventories thereof and 
shall submit definite reports to the grand jury at each session of same. 

1942 Code § 4179: 1932 Code § 4179; Civ. C. '22 § 1300; 1918 (30) 687. 

§ 14-1516. Contracts for road work and building repairs; how advertised and 
let. 

The county board of commissioners shall advertise for at least two weeks, 
in at least two issues of a newspaper published in the county or by posting 
in three or more conspicuous places likely to give the most publicity thereto, 
for bids on new or repair work on the roads and bridges of the county or any 
of the public buildings of the county when the cost thereof will exceed twenty- 
five dollars, and the contract therefor, according to plans and specifications, 
a duplicate of which shall be kept on file in the office of the board, shall be 
awarded to the lowest responsible bidder. No work for the county shall be 
paid for until it has been completed, inspected and accepted. 

1942 Code § 4180; 1932 Code § 4180; Civ. C. '22 § 1301; 1918 (30) 687. 

§ 14-1517. No member of county board of commissioners to contract for work 
or materials. 

No member of the county board of commissioners shall contract with the 
county or be paid for any work performed for the county, except his regular 
salary or per diem and mileage, as fixed by law. 

1942 Code § 4173; 1932 Code § 4173; Civ. C. '22 § 1294; 1918 (30) 687. 

Cited in White v. McKnight, 146 S. C. 
59, 143 S. E. 552 (1926). 



252 



§ 14-1521 Counties § 14-1525 

Article 3. 
Certain Officers Paid Salaries in Lieu of Fees. 

§14-1521. What officers affected. 

In lieu of the retention of all fees, costs and charges, the treasurer, auditor, 
clerk of court, acting probate judge and sheriff of the county shall be paid 
such salaries as may be prescribed by the General Assembly and annually 
appropriated by it for such purpose. They shall have such clerical and other 
assistance as may be so provided. 

1942 Code § 4185; 1932 Code § 4185; 1931 (37) 212; 1935 (39) 239. 

§ 14-1522. Record of fees; monthly statements and payments to treasurer. 

Such county officers shall separately keep in duplicate accurate and com- 
pletely itemized accounts of all fees collected, which shall in all cases (other 
than judicial sales) be collected in cash in advance, except that reasonable 
credit terms may be extended to the government of the United States, the 
State of South Carolina and any department or subdivision of either. On or 
before the tenth day of each calendar month such officers shall deliver one 
copy sworn to by them, respectively, to the treasurer of the county together 
with payment to the treasurer in full of all fees, costs and charges collected 
during the preceding calendar month. 

1942 Code § 4185; 1932 Code § 4185; 1931 (37) 212; 1935 (39) 239. 

§ 14-1523. Statement prerequisite for salary. 

Upon the filing of such sworn, itemized statement and it appearing correct 
in form to the treasurer and payment of the sum thereby shown tp be due 
having been made, the treasurer shall certify to the county board of commis- 
sioners that such officer has complied with the provisions of this article, and 
until receipt of such certificate the board shall not pay to any county officer 
affected hereby his salary for the preceding month. 

1942 Code § 4185; 1932 Code § 41S5: 1931 (37) 212; 1935 (39) 239. 

§ 14-1524. Forms for statements ; public record. 

The forms for the account and statement and the certificate required by this 
article may be prescribed and furnished by the county board, and each officer 
required to keep and submit the same shall retain one copy of each monthly 
statement as a permanent public record of his office, and the treasurer shall 
likewise preserve as a permanent and public record of his office the sworn 
monthly statement submitted to him by each officer, the same to be filed in 
an orderly manner and to be readily accessible. 

1942 Code § 4185; 1932 Code § 4185; 1931 (37) 212; 1935 (39) 239. 

§14-1525. Violation ; penalties. 

Violation of any of the provisions of this article by any officer of the county 
shall be deemed to be a misfeasance in office and ground for removal there- 
from and shall be a misdemeanor, and upon conviction thereof any officer so 

253 



§ 14-1531 Code of Laws of South Carolina § 14-1533 

convicted shall be subject to a fine not exceeding five hundred dollars or im- 
prisonment for not exceeding one year, or both, in the discretion of the court. 
1942 Code § 4185; 1932 Code § 4185; 1931 (37) 212; 1935 (39) 239. 

Article 4. 
Deposit and Investment of Public Funds. 

§ 14-1531. Liability of officers ; security required. 

Except as herein otherwise provided all officers of the county who have 
custody of county, school or other public funds shall be liable upon their 
official bonds for the safe delivery thereof and shall, so far as practicable, 
keep all such funds (except such as may be authorized to be invested in se- 
curities of the United States of America) on deposit in banks or other de- 
positories. All such deposits shall be in the name of the county or in the 
names of the officers in their official capacities and to secure such deposits 
each depository shall be required to pledge as security, in an amount at least 
equal to the amount by which such deposits exceed the amount covered by 
Federal Deposit Insurance, bonds or other obligations of the United States, 
the State or subdivisions of the State which, except in the case of Clarendon 
Count)- have not in the ten preceding years been in default in the payment 
of their obligations or any interest thereon. 

1942 Code §2852-9; 1933 (38) 53; 1934 (38) 1286. 

§ 14-1532. Treasurer's checking account ; temporary accounts of other officers. 

For convenience as an active or checking account the county treasurer 
may maintain a deposit account in a bank or other depository in an amount 
not exceeding fifteen thousand dollars for which the treasurer need not re- 
quire security as prescribed in § 14-1531. And the other officers of the county 
who may collect funds from any source which are to be temporarily held by 
them may likewise deposit such funds until accounted for by them and paid 
to the county treasurer or otherwise disposed of in accordance with law with- 
out requiring security therefor from the depository and all of the county of- 
ficers may pay (and take credit against any funds so deposited) for the rea- 
sonable and usual charges made by any such depository for the handling of 
such deposit accounts. 

1942 Code §2852-9; 1933 (38) 53; 1934 (38) 1286. 

§ 14-1533. Investment of funds held by treasurer. 

The county treasurer may, in lieu of keeping public or other funds held by 
him in his official capacity on deposit in a bank, invest funds for which there 
is no immediate need in bonds or other obligations of the United States of 
America with such maturities as he may deem advisable and may reconvert 
such bonds or other obligations into cash at the prevailing market price as 
and when needed ; and this authority shall extend to sinking funds in his 
hands as well as other funds. All such securities and any other securities 
owned or held by the county treasurer may be deposited by him for safe- 
keeping in any bank, trust company or other banking institution which will 

254 



§ 14-1533 



Counties 



§ 14-1533 



issue and deliver to the treasurer a safekeeping receipt therefor in accord 
with the usual banking practice in such cases. 
1942 Code §2852-10; 1933 (38) 91; 1934 (38) 1275. 



CHAPTER 29. 
Colleton County. 



Article 1. 

General Provisions. 

Sec. 

14-1551. Election and term of commission- 
ers. 

14-1552. Voting districts for commissioners. 

14-1553. Vacancies in office of supervisor 
or commissioners. 

14-1554. Bonds of county commissioners. 

14-1555. Bond of county supervisor. 

14-1556. Compensation and expenses of 
supervisor. 

14-1557. Compensation of county commis- 
sioners. 

14-1558. Clerk and engineer of board. 

15-1559. Attorneys. 

14-1560. Committee to destroy useless rec- 
ords. 

Article 2. 

Purchases. 

14-1571. When advertisement required. 
14-1572. Form of orders. 

Article 3. 
Financial Matters Generally. 

14-1580. Deposit of public funds. 

14-1581. Payment of claims against county. 

14-1582. Quarterly reports. 

14-1583. Warrants or contracts in excess of 
appropriations. 

14-1584. Borrowing to pay items in supply 
acts. 

14-1585. Same; borrowing from sinking 
funds. 

14-1586. Magistrate to account for fines be- 
fore receiving salary. 

14-1587. Disbursement for expenses of 
sheriff. 

14-1588. Disbursement of certain other ap- 
propriations. 

14-1589. Investment of sinking funds. 

14-1590. Statement of purchases and sales. 

14-1591. Sinking fund surpluses. 

14-1592. Special reserve fund. 

14-1593. Annual audit. 



Article 4. 



Certain Officers on Salary Basis; 
Fees. 



Sec. 

14-1601. 

14-1602. 



Officers affected. 

Payment of fees into general fund; 
exception. 

14-1603. Officers to collect fees in advance 
and account therefor. 

14-1604. Collection and payment of circuit 
court costs. 

14-1605. Extension of credit to United 
States, State, etc. 

14-1606. Statements prerequisite to pay- 
ment of salaries. 

14-1607. Records to be kept. 

14-1608. Liability for fees. 

14-1609. Willful or intentional violation 
ground for removal. 

14-1610. Penalties. 

Article 5. 
Condemnation by Supervisor. 
14-1621. 



14-1622. 



Purposes for which property may 

be condemned. 
Powers additional. 
14-1623. When right may be exercised. 
14-1624. Notice to owner, etc., of intention 

to condemn. 
14-1625. Notice to incompetents, trustees, 
etc.; appointment of guardians 
ad litem. 
14-1626. Notice of pendency of proceeding. 
14-1627. Disqualification of supervisor. 
14-1628. Hearing and decision of super- 
visor. 
14-1629. Payment of award. 
14-1630. When amount tendered to be paid 
to clerk. 
When entry may be made. 
Right of appeal and notice thereof. 
Hearing on appeal. 
14-1634. Effect of appeal after tender of 

award; abandonment of appeal. 
14-1635. Abandonment of proceedings. 
14-1636. Records in clerk's office. 
14-1637. Conveyance of property acquired. 



14-1631. 
14-1632. 
14-1633. 



255 



§ 14-1551 Code of Laws of South Carolina § 14-1556 

Article 1. 
General Provisions. 

§ 14-1551. Election and term of commissioners. 

The county commissioners of Colleton County shall be elected by the quali- 
fied electors of the county at each general election and shall hold office for 
two years and until their successors are elected and qualify. 

1942 Code § 4192; 1932 Code § 4192; 1927 (35) 35. 

§ 14-1552. Voting districts for commissioners. 

One commissioner, for the upper district, shall be voted for at the follow- 
ing voting places: all voting places in Broxton, Warren and Bells townships, 
Benton"s Mill and Snyder's voting places in Heyward township and Horse Pen 
voting place in Verdier township. All of the remaining voting places shall 
select the other commissioner, for the lower district. The commissioner elect- 
ed for the upper district shall reside within the territory of the voting places 
above named for the upper district and the other commissioner shall reside 
within the territory of the voting places above named for the lower district. 

1942 Code § 4192; 1932 Code § 4192; 1927 (35) 35. 

§ 14-1553. Vacancies in office of supervisor or commissioners. 

Any vacancy in the office of county supervisor or county commissioners 
shall be filled for the unexpired term by appointment of the Governor, upon 
the recommendation of the county legislative delegation, or a majority thereof. 

1942 Code § 4194; 1932 Code § 4194; 1927 (35) 35. 

§ 14-1554. Bonds of county commissioners. 

The county commissioners shall each give bond in the sum of two thousand 
dollars. Such bonds shall be executed and approved as to form and suf- 
ficiency in the same manner as provided with respect to the bond of the 
county supervisor. 

1942 Code § 4192; 1932 Code § 4192; 1927 (35) 35. 

§ 14-1555. Bond of county supervisor. 

The county supervisor shall, before entering upon the duties of his office, 
give bond, with good and sufficient surety or sureties, for the faithful per- 
formance of his duties, in the sum of ten thousand dollars. The bond shall 
be approved by the clerk of court of the county as to sufficiency. 

1942 Code § 4190; 1932 Code § 4190; 1927 (35) 35. 

§ 14-1556. Compensation and expenses of supervisor. 

In addition to his salary the sum of three hundred dollars shall be paid to 
the county supervisor, in monthly installments, to defray his travelling ex- 
penses over the county in the performance of his official duties. 

1942 Code §4191; 1932 Code §4191; 1927 (35) 35; 1951 (47) 506. 

256 



§ 14-1557 Counties § 14-1571 

§ 14-1557. Compensation of county commissioners. 

Each of the county commissioners shall receive as compensation for his 
services a per diem for not exceeding twenty days in any one year. 

1942 Code §4192; 1932 Code §4192: 1927 (35) 35; 1951 (47) 506. 

§ 14-1558. Clerk and engineer of board. 

The positions of clerk of the board of county commissioners and county 
engineer are combined in the county in the position of clerk and engineer 
of the board of county commissioners, and all of the duties devolved by law 
upon the clerk of a board of county commissioners and upon a county 
engineer are hereby devolved upon the clerk and engineer of the board of 
county commissioners. The clerk and engineer shall keep the books and 
records in the office of the county supervisor and shall perform any other 
duties required by the supervisor. 

1942 Code §§ 4191. 4200-1; 1932 Code § 4191; 1927 (35) 35; 1941 (42) 20. 

§ 14-1559. Attorneys. 

The county supervisor shall employ county attorneys, upon such terms 
as he may deem to be in the best interest of the county or as may be provided 
by law. 

1942 Code § 4191: 1932 Code § 4191: 1927 (35) 35. 

§ 14-1560. Committee to destroy useless records. 

The auditor, treasurer, superintendent of education, sheriff, county attorney 
and foreman of the grand jury of the county are hereby designated as a com- 
mittee to examine and investigate the records in the various offices of the 
county officials of the county and destroy such records as are useless and are 
a burden upon the space of the offices : provided, that : 

(1) No record which affects the title to real estate in any manner shall be 
destroyed by this committee : and 

(2) No record shall be destroyed except at a full meeting of the committee. 
1942 Code § 4204; 1937 (40) 182. 

Article 2. 

Purchases. 

§ 14-1571. When advertisement required. 

In purchasing all supplies needed for the use of the county, the board of 
county commissioners shall, once in every three months, advertise for bids 
therefor, such advertisement to state the kind, quality and amount of the 
supplies needed and to be published once a week for three successive weeks 
in the county newspaper. The board shall award the contract therefor to 
the lowest responsible bidder ; provided, however, that if the bids are not 
satisfactory, the board may reject any and all bids. The seller of such supplies 
shall furnish a duplicate of invoice, receipted by the person receiving the 
goods or supplies, to the clerk of the board of county commissioners. No 
claims shall be approved or paid until these requirements are fully and faith- 
[2SCCode] — 17 257 



§ 14-1572 Code of Laws of South Carolina § 14-1580 

fully complied with, and no supplies or other property shall be purchased or 
paid for except in the manner above provided. 
1942 Code § 4198; 1932 Code § 4198; 1927 (35) 35. 

§ 14-1572. Form of orders. 

No machinery, tools, road or bridge material, wares and merchandise or 
supplies of any kind shall be purchased except upon a written order in tripli- 
cate therefor, dated and signed by the supervisor and specifying the thing and 
quantity purchased, the amount to be paid therefor and the name of the 
seller. A suitable book shall be procured by the supervisor for this purpose, 
and in it the triplicate orders must be consecutively numbered, each set of 
triplicates bearing the same number and so prepared that two may be de- 
tached from the book and given to the seller and the other remain in the book 
as a permanent part thereof and be nondetachable. Before any seller shall 
deliver anything purchased by the county he must procure the two detach- 
able copies, one of which he may retain and the other of which he must 
attach to his county claim as a part thereof covering the sale and claim for 
compensation thereunder. It shall be unlawful to either antedate or postdate 
any of such orders, and none shall be written or prepared nunc pro tunc. Any 
sale made to the county without the seller first procuring the two copies 
shall be void and the county shall not be liable for the purchase price thereof. 
No claim covering a sale to the county shall be approved by the supervisor 
and county board of commissioners unless an order as directed shall first 
have been obtained, nor unless the claim has attached thereto, to remain as 
a permanent part thereof, one of the copies given to the seller as above 
provided. Should any officer or employee of the county purchase or cause 
to be purchased anything in behalf of the county in violation of this section 
the county shall not be responsible therefor, but the individual or individuals 
making such purchase shall be personally liable therefor and be also responsi- 
ble on their official bonds. 

1944 (43) 1212. 

Article 3. 

Financial Matters Generally. 

§ 14-1580. Deposit of public funds. 

The county treasurer shall secure depository securities to guarantee the 
public funds of the county in the amount of forty-five thousand dollars, which 
shall be apportioned between the various banks qualifying as depositories 
for county funds. Before any bank shall be designated as a depository for 
county funds, the county treasurer shall require depository security as herein 
defined in an amount proportionate to the total amount of forty-five thousand 
dollars and the county treasurer shall not deposit any county funds in any 
bank that has not so qualified. But if any bank should have on deposit with 
it or the county treasurer should desire to deposit with any bank which has 
not qualified as a depository for county funds any special fund, then such 
special fund may be deposited with any bank other than those designated as 

258 [2SCCode] 



§ 14-1581 Counties § 14-1583 

depositories upon such bank depositing with the county treasurer securities 
as herein defined, in an amount equal to one-third of such special fund or 
special deposit. As used in this section "depository security' means (a) a 
corporate depository bond (b) a policy from a standard insurance company 
operating in this State (c) Federal, State or county government bonds or (d) 
notes or bonds of counties, school districts or municipalities or Federal or 
joint stock land bank bonds. The county treasurer and his official bond shall 
not be liable for any losses that may occur in an}' bank which has given de- 
pository security as above defined, except in case of gross negligence of the 
county treasurer in making deposits. 

1942 Code §2853-2: 1932 Code §2809: 1929 (36) 208. 

§ 14-1581. Payment of claims against county. 

The county supervisor shall pay all claims against the county fixed by law, 
such as salaries and court expenses, without the approval of the county com- 
missioners and shall see that the books of the office of the board of county 
commissioners are properly and accurately kept. All other claims against 
the county, for road work, supplies or otherwise, shall be approved by the 
board of county commissioners, or a majority thereof, before payment of same. 

1942 Code § 4200; 1932 Code § 4200: 1927 {35) 35. 

Cross reference. — As to requirement of 
advertising in purchase of county supplies, 
see § 14-1571. 

§ 14-1582. Quarterly reports. 

In the publication of quarterly reports by the county supervisor there 
shall be appended a comprehensive statement showing: 

(1) The specific amounts appropriated in the general classification of the 
budget: 

(2) The amounts expended under such classification ; and 

(3) The balances remaining unexpended. 

The items in such quarterly reports shall be by classification and the total 
shall be shown under each for each quarter. 

1942 Code § 4200: 1932 Code § 4200: 1927 (35) 35. 

§ 14-1583. Warrants or contracts in excess of appropriations. 

The county board of commissioners shall not draw any warrant upon the 
county treasurer to be paid out of any of the several funds especially appro- 
priated for any purpose other than for the purpose for which the same shall 
have been appropriated, and it shall be unlawful for the county treasurer to 
pay any such prohibited warrant. It shall be unlawful for the county board 
of commissioners to create by contract, express or implied, any obligation 
against the county which, with the obligations then existing and chargeable 
to any particular item of the appropriation, shall exceed the amount specifical- 
ly appropriated therefor. Should the county board of commissioners or the 
county treasurer violate the provisions of this section, the official or officials 

259 



§ 14-1584 Code of Laws of South Carolina § 14-1587 

so defending shall be responsible upon their official bonds, both to the county 
and the party contracted with. 
1944 (43) 1212. 

§ 14-1584. Borrowing to pay items in supply acts. 

Upon the written approval of the Senator and at least one member of the 
House of Representatives from the county, the county supervisor and the 
county treasurer may borrow annually a sum of money necessary to pay the 
various items of the county supply act, taking into consideration any moneys 
which may be available for such purposes before such funds are borrowed 
from any source, and for the purpose the county supervisor, together with 
the county treasurer, may execute the necessary and proper obligations of 
the county and pledge the taxes and other revenues that may be collected for 
each year for the payment of the same. Such obligations shall draw interest 
at such a rate as may be agreed upon, not to exceed four per cent per annum. 
Such borrowing may be in installments as the need therefor arises. 

1944 (43) 1212. 

§ 14-1585. Same; borrowing from sinking funds. 

The county supervisor and county treasurer may in their discretion borrow 
such moneys, or any portion thereof, from time to time as the need may arise, 
from the sinking funds belonging to the county, but in the event that the 
county supervisor and county treasurer should decide to borrow from the 
sinking funds, the county supervisor and county treasurer shall execute and 
deliver to the county treasurer the note of the county for such funds as bor- 
rowed, which note shall pledge the taxes and other revenue to be collected 
during each year for the purpose of guaranteeing the repayment of such 
funds to the sinking fund. In the event that the county supervisor and the 
county treasurer shall decide to borrow from the sinking funds, the rate of 
interest on such loans shall not exceed two per cent per annum. 

1944 (43) 1212 

§ 14-1586. Magistrate to account for fines before receiving salary. 

No claim of a magistrate for salary shall be approved or paid unless such 
claim is accompanied by a verified itemized statement showing the amount of 
all fines collected, the date received and the name of the party paying same 
since the filing of the last preceding salary claim and an exhibition of the 
official receipt of the county treasurer showing the payment of such fines to 
the treasurer. The supervisor shall publish as an appendix to his quarterly 
report an itemized list of all such fines so reported under the name of the 
magistrate collecting the same. 

1944 (43) 1212. 

§ 14-1587. Disbursement for expenses of sheriff. 

Before any of the appropriation for expenses of the sheriff and his deputies, 
which may be annually provided, shall be approved or paid to the sheriff or 
his deputies the same shall be itemized in writing as to dates, names, occasions 

260 



§ 14-1588 Counties § 14-1590 

and distances and be sworn to by the sheriff, unless such expense shall have 
been incurred by a deputy or other officer serving under or for the sheriff, 
in which event such statement shall be sworn to by the officer or deputy 
actually incurring the same and be approved in writing by the sheriff. The 
expenditure of such travel allowances shall be limited to actual travel on 
official business at the rate of five cents per mile and no constructive mileage 
shall be charged. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1588. Disbursement of certain other appropriations. 

The supervisor and county commissioners are forbidden to contract liabilities 
or expend the appropriations made each year for roads, bridges, convicts and 
materials in greater amounts than one-twelfth thereof in any one month ; 
provided, that if there shall be any unexpended balance from any month's 
allowance, such unexpended balance may be expended in any subsequent 
month. All warrants drawn to be paid out of such funds shall be designated, 
and the county treasurer shall not pay any warrant not in accordance with the 
above schedule. Any official violating the provisions of this section shall be 
personally liable, and his official bond also, for any such violation. 

1944 (43) 1212. 

§ 14-1589. Investment of sinking funds. 

The county treasurer may invest any sinking funds held by him (a) in the 
purchase in the open market of bonds or notes of the issue for which the 
sinking fund was created, (b) in bonds or notes of the county or of any of its 
political subdivisions, (c) in bonds or notes of the State of South Carolina, (d) 
in bonds of the United States government, (e) in bonds the payment of which 
is wholly guaranteed by the United States government or (f) in certificates 
of indebtedness of the State Highway Department, if in his opinion such in- 
vestment is necessary or advisable. Any such investment shall be kept by 
him separate, distinct and properly earmarked with, or registered in, the name 
of the particular sinking fund to which it is applicable, and it shall be used 
for no other purpose. It shall be kept until such time before the maturity 
of the obligations for which the sinking fund was established as may be 
necessary to sell or collect the same in order to meet such obligations at 
maturity. In the purchase of bonds or notes (other than bonds of or guar- 
anteed by the United States government, bonds or notes of the State of South 
Carolina or certificates of indebtedness of the State Highway Department) he 
shall purchase bonds or notes maturing with or before the obligations for 
which the sinking fund was created. He may sell from time to time the 
securities so purchased in order to reinvest the funds to advantage or to 
meet the payment of the obligations for which the sinking fund was created. 

1942 Code § 4202; 1935 (39) 198. 

§ 14-1590. Statement of purchases and sales. 

When securities are so bought or sold by him he shall within ten days 
thereafter file in the office of the clerk of court for public inspection a list of 

261 



§ 14-1591 Code of Laws of South Carolina § 14-1593 

the securities so bought or sold, designating the particular sinking fund af- 
fected thereby, stating the amount paid therefor or the amount for which sold, 
as the case may be, and as to securities purchased giving short descriptions 
thereof, showing the quantity purchased, the name of the obligor, the ma- 
turity date and the interest rate. He shall also make due record of all trans- 
actions hereunder in a book to be kept as a permanent record of his office. 
1942 Code § 4202; 1935 (39) 198. 

§ 14-1591. Sinking fund surpluses. 

The county treasurer shall apply any surplus from any sinking fund ac- 
cumulation for the payment of any obligation of the county, after the obliga- 
tion has been paid, to any of the sinking funds of the county. 

1944 (43) 1212. 

§ 14-1592. Special reserve fund. 

There shall be in the county treasurer's office an account to be known as the 
special reserve fund, which shall be held separately from all other accounts 
and funds. The county treasurer shall place in said special reserve fund: 

(1) All surplus funds derived from any source and not specifically appro- 
priated or pledged ; 

(2) All collections of delinquent taxes due the county for general purposes 
which have not been pledged ; 

(3) All funds paid to the county from the state income tax ; 

(4) All costs received by the county from the sheriff for collecting delin- 
quent taxes ; 

(5) Any balances at the end of any fiscal year remaining unexpended from 
appropriations made for such fiscal year except money appropriated for the 
women's club market and agricultural building and any other special funds 
established by law; and 

(6) Any surplus which may accumulate in any of the revenues of the 
county as estimated in county supply acts. 

Emergency expenditures may be made from the special reserve fund by 
the county supervisor and the county treasurer with the written approval of 
the Senator and at least one member of the House of Representatives from the 
county. 

1944 (43) 1212. 

§ 14-1593. Annual audit. 

An audit shall be made each year of the books and affairs of the county in 
cooperation with the Comptroller General's office by auditors selected by the 
county grand jury and for the compensation fixed in each county supply act. 
The auditors shall, in addition to the usual matters contained in such audits, 
carefully audit and report separately the fees of the office of sheriff, treasurer, 
auditor, clerk of court and probate judge, which fees under law must be 
turned over to the general funds of the county. The auditors shall also audit 
carefully all requisitions and purchase orders issued by the county supervisor 
and the board of county commissioners. The auditors shall report all per- 

262 



§ 14-1601 Counties § 14-1604 

tinent matter relating to the fiscal affairs of the county as may be customary 
in such audits and as may be required by any member of the county legislative 
delegation. Copies of the report of the auditors shall be furnished each mem- 
ber of the legislative delegation. 
1944 (43) 1212. 

Article 4. 
Certain Officers on Salary Basis; Fees. 

§ 14-1601. Officers affected. 

In lieu of the retention of all fees, mileages, costs and commissions, including 
fees for searches and certificates, which the county treasurer, county auditor, 
clerk of court, judge of probate and sheriff of the county might otherwise 
under the law be entitled to collect for their own vise and of any and all sums 
paid them on account of compensation or otherwise for their official services, 
said officers shall be paid such salaries as may be prescribed by the General 
Assembly and annually appropriated by it for such purpose and shall have 
such clerical or other assistance as may be so provided. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1602. Payment of fees into general fund; exception. 

All of such fees, mileages, costs, commissions and compensation, including 
fees for searches and certificates, shall be paid into the general fund of the 
county treasury by each of said officers, respectively. But the sheriff shall be 
allowed to retain the fees for dieting Federal and county prisoners and any 
compensation paid by the State Hospital or State Penitentiary for the con- 
veying of lunatics or prisoners. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1603. Officers to collect fees in advance and account therefor. 

All costs, commissions, fees and mileages as required by law to be paid 
to the aforesaid officers and accruing to them by virtue of their offices, shall 
be charged and paid in advance, except as otherwise permitted by §§ 14-1604 
and 14-1605, and all such costs, fees, mileages and commissions collected 
by the aforesaid officers shall be by the official collecting the same paid 
over to the treasurer of the county, on or before the fifth day of each month 
succeeding the month in which collected. At the same time the officer shall 
tile with the treasurer a verified, itemized statement of such collections, in 
duplicate, on blanks approved by the treasurer and furnished by the county 
board of commissioners. The county treasurer, upon receipt of such duplicate 
statements, shall endorse thereon the fact and date of such filing and shall 
redeliver one thereof to the official so filing the same, who shall retain it as a 
permanent record of his office, subject to inspection. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1604. Collection and payment of circuit court costs. 

A litigant in the courts of common pleas or general sessions of the county 

263 



§ 14-1605 Code of Laws of South Carolina § 14-1607 

shall not be required to pay in advance any fee for the tiling of the necessary 
papers in the office of the clerk of court, and the payment of all costs may await 
the final outcome of the action and shall be taxed against the losing party. 
Upon such taxation all costs properly taxable shall be taxed in accordance 
with law; provided, however, that: 

(1) No judgment shall be entered by the clerk of court for the county until 
the costs then accrued have been paid ; 

(2) When a complaint has been filed, a certificate of the clerk of court that 
the costs have been paid shall be necessary before any settlement of the case 
shall be valid ; and 

(3) All costs and fees in actions of foreclosure of mortgages of real estate 
or other liens on real or personal property and in actions for partition of real 
estate through a sale thereof may be taxed and paid out of the proceeds of 
sale of the property by the officer making the sale. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1605. Extension of credit to United States, State, etc. 

Reasonable credit may be extended by the clerk of the court to the govern- 
ments of the United States and the State of South Carolina and any depart- 
ment or subdivision thereof for fees, costs or commissions which might other- 
wise be payable in advance by them. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1606. Statements prerequisite to payment of salaries. 

Upon the filing of the sworn, itemized statement required by § 14-1607 by 
any such officer, it appearing correct in form to the treasurer and the pay- 
ment of the sum thereby sworn to be due having been made, the treasurer 
shall certify to the county board of commissioners that such officer has prima 
facie complied with the provisions of this article and until receipt of such 
certificate is had the board shall not issue any warrant to any such county 
officer for his salary for the preceding month and such salary shall not be paid. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1607. Records to be kept. 

Each of such officials shall keep a full and accurate itemized statement 
showing the fees, mileages, costs and commissions collected or to which he 
might be entitled and the amounts thereof shall be paid over to the county 
treasurer. Such statement shall at the end of each month be sworn to and 
shall be filed on or before the fifth day of the month succeeding the month 
in which such fees, mileages, costs and commissions may have been collected. 
And in the event that any officer has not collected any fees, mileages, costs or 
commissions for any month, he shall nevertheless file a sworn statement to 
that effect. Such statement shall be accessible for inspection and audit at 
all times. 

1942 Code § 4201; 1939 (41) 14. 



264 



BUREAU OF PUBLIC ADMINISlKAl ION 
§ 14-1608 Counties university of south CAR($.iMvl623 

COLUMBIA 
§ 14-1608. Liability for fees. 

Any of such officers who shall fail to collect such fees, mileages, costs or 
charges in advance, except as otherwise herein permitted, shall be personally 
liable therefor and shall make payment thereof as if he had collected the same. 
1942 Code § 4201; 1939 (41) 14. 

§ 14-1609. Willful or intentional violation ground for removal. 

Any willful or intentional violation of any of the provisions of this article 
by any of said officers shall be a ground for removal from office by the Gov- 
ernor, in the manner now provided by law for the removal of officers by the 
Governor. 

1942 Code § 4201; 1939 (41) 14. 

§ 14-1610. Penalties. 

Any official violating any of the provisions of this article shall be subject 
to the payment of a fine of not exceeding five hundred dollars or imprisonment 
for a term not exceeding six months and shall be subject to removal from 
office by the Governor. The official bond of such official shall be responsible 
for the collection of all of such fees, mileages, costs and commissions and for 
their full payment over to the county treasurer in the manner aforesaid. 

1942 Code § 4201; 1939 (41) 14. 

Article 5. 
Condemnation by Supervisor. 

§ 14-1621. Purposes for which property may be condemned. 

The county supervisor may acquire for public use by exercise of the right of 
eminent domain as herein provided lands and property in the county for 
public or school recreational facilities, public or school playgrounds, public 
or school parks, public or school swimming pools, public or school stadiums, 
public or school gymnasiums, school teacherages, hospitals, including dormi- 
tories and homes for nurses and employees, highways, streets and public 
buildings. All of such purposes are hereby declared public purposes. 

1951 (47) 349. 

§14-1622. Powers additional. 

The powers of eminent domain herein granted to the county supervisor 
are in addition to such powers of eminent domain as may otherwise be vested 
in the county supervisor or any other governmental agency for whose benefit 
they may be exercised by the county supervisor. 

1951 (47) 349. 

§ 14-1623. When right may be exercised. 

Whenever the county supervisor shall determine that it is necessary to ac- 
quire lands or property in the county for any of the public purposes set forth 
in § 14-1621 and shall determine that the owner, or other person having any 
interest in such lands or property is either unwilling or legally unable to 

265 



§ 14-1624 Code of Laws of South Carolina § 14-1627 

convey the same, the county supervisor shall acquire jurisdiction of the 
matter and may proceed to acquire title thereto by the exercise of the right 
of eminent domain as herein provided. 
1951 (47) 349. 

§ 14-1624. Notice to owner, etc., of intention to condemn. 

The county supervisor shall give ten days' notice in writing to the owner of 
the land sought to be condemned of his intention to condemn and of the time 
and place when and where the compensation and damages therefor will be 
assessed. If the owner of such land be a non-resident of the county, the notice 
may be served upon his agent or tenant, or any other person in possession 
thereof; but in such case at least fifteen days' notice must be given. If there 
be no agent, tenant or other person in possession, the notice may be served 
by depositing it in the post office, postage prepaid, directed to the owner 
at his last known place of residence and by publishing such notice for at 
least two weeks in one of the newspapers published in the county. 

1951 (47) 349. 

§ 14-1625. Notice to incompetents, trustees, etc.; appointment of guardians ad 
litem. 

For the purpose of § 14-1624 the guardians of infants, the committees of 
idiots or other persons non compos mentis and trustees shall be deemed to 
be owners of the lands of their wards and cestuis que trustent. In case an in- 
fant owner has no guardian or an idiot or other person non compos mentis has 
no committee, service may be made upon the person with whom they severally 
reside and upon the probate judge of the county, who shall appoint guardians 
ad litem to appear and represent them. In case the interests of any guardian 
or committee shall be opposed to those of his ward, a guardian ad litem shall 
be appointed by the probate judge, who shall have authority to appear and 
represent such ward. 

1951 (47) 349. 

§ 14-1626. Notice of pendency of proceeding. 

The county supervisor shall also file with the clerk of court for the county 
a notice of the pendency of the condemnation proceeding, showing a de- 
scription of the lands sought to be condemned and the names of all persons 
having any interest therein. Such notice of pendency shall constitute notice to 
any future purchaser or encumbrancer of the property affected thereby. 

1951 (47) 349. 

§ 14-1627. Disqualification of supervisor. 

If the county supervisor be personally interested or be related by blood or 
marriage within the sixth degree to any person claiming compensation and 
damages, he shall be disqualified and his place filled pro tempore by appoint- 
ment to be made by the clerk of court of the county. 

1951 (47) 349. 

266 



§ 14-1628 Counties § 14-1633 

§ 14-1628. Hearing and decision of supervisor. 

All persons interested may introduce testimony and be heard in argument 
upon the matter of compensation and damages. After hearing the evidence 
and arguments, the county supervisor by resolution shall render his decision 
fixing the amount of compensation and damages if any, which shall be re- 
corded in the office of the county supervisor and in the office of the clerk of 
court of the county. In assessing compensation and damages, the actual 
value of the land to be taken and any special damages resulting therefrom 
shall be considered and due allowance shall be made for any special benefit 
which may accrue to the owner. 

1951 (47) 349. 

§ 14-1629. Payment of award. 

Upon the filing of the resolution of the county supervisor fixing the amount 
of the compensation and the damages in any case, a warrant may be drawn on 
the county treasurer for the amount so fixed and the treasurer shall pay it out 
of any funds in his hands applicable to such purposes. 

1951 (47) 349. 

§ 14-1630. When amount tendered to be paid to clerk. 

In case the amount tendered be refused, it shall be deposited with the clerk 
of court for the owner and the clerk shall give his official receipt therefor 
and shall pay it to the owner upon demand and take his receipt therefor. 

1951 (47) 349. 

§ 14-1631. When entry may be made. 

Upon acceptance by the owner of the land of the amount tendered or upon its 
deposit with the clerk of court should tender be refused, the supervisor may 
enter upon the lands. 

1951 (47) 349. 

§ 14-1632. Right of appeal and notice thereof. 

Any person interested miy appeal to the court of common pleas for the 
county from the decision of the county supervisor. Notice and grounds of 
appeal shall be served upon the county supervisor and filed with' the clerk 
of said court within ten days after the filing of the decision of the county 
supervisor in the office of the clerk of court. 

1951 (47) 349. 

§ 14-1633. Hearing on appeal. 

The clerk shall docket such appeal on Calendar No. 1 and the cause shall 
be heard in said court de novo before a jury, unless the right to jury trial 
be waived as in other cases provided by law. Such appeals may be called up 
for trial out of their order by either party. The verdict of the jury in such 
cases shall be final, unless set aside for the reasons for which verdicts may 

267 



§ 14-1634 Code of Laws of South Carolina § 14-1637 

be set aside in other cases or unless the judgment of the court thereupon be 
reversed, for error of law, on appeal to the Supreme Court. 
1951 (47) 349. 

§ 14-1634. Effect of appeal after tender of award ; abandonment of appeal. 

After tender of the amount found by the county supervisor for compensa- 
tion and damages, the pendency of an appeal, either in the circuit or the Su- 
preme Court, shall not operate to stay the public use for which the land 
was condemned or any other public use as herein provided, but the acceptance 
of the amount tendered shall operate as an abandonment of the appeal. 

1951 (47) 349. 

§ 14-1635. Abandonment of proceedings. 

At any time prior to the final conclusion of the condemnation proceedings 
provided for herein, the county supervisor may abandon, withdraw or dismiss 
such condemnation proceedings upon the payment by the supervisor to the 
owner of all costs and expenses incurred by the owner and, in the event the 
county supervisor has taken possession of the land before abandonment, in 
addition all damages inflicted upon the land by such possession. In the event 
such abandonment should occur after the payment by the supervisor of his 
award to the clerk of court, the clerk of court shall refund the award to the 
supervisor upon proof that the owner has been paid all costs and expenses 
incurred by the owner and all damages inflicted on the land if possession had 
been taken by supervisor before such abandonment. 

1951 (47) 349. 

§ 14-1636. Records in clerk's office. 

Upon final determination of any condemnation proceeding instituted here- 
under and the vesting of title in the county supervisor, the supervisor shall 
furnish the clerk of court for the county with a legal description of the land 
so condemned and with a list of the owners thereof immediately prior to such 
condemnation. The clerk of court shall show, by appropriate entries in the 
direct index to deeds of real estate in his office, under the name of the owner 
or owners thereof immediately prior to the condemnation, the book and 
page at which the condemnation resolution of the county supervisor and the 
legal description of the land so condemned are of record in his office. 

1951 (47) 349. 

§ 14-1637. Conveyance of property acquired. 

The county supervisor may convey any property acquired under the pro- 
visions of this article from time to time and parcel by parcel, in his discre- 
tion, to any governmental agency which, in the judgment of the county 
supervisor shall have need for such property, or any part thereof, for any of 
the public uses mentioned in § 14-1621. 

1951 (47) 349. 



268 



§ 14-1651 



Counties 

CHAPTER 30. 

Darlington County. 



§ 14-1651 



Sec. 
14-1651. 



14-1661. 
14-1662. 
14-1663. 
14-1664. 
14-1665. 
14-1666. 
14-1667. 

14-1668. 
14-1669. 
14-1670. 
14-1671. 

14-1672. 



Article 1. 
General Provisions. 

Office hours. 

Article 2. 

County Government. 

County manager. 

Appointment and term; vacancies. 

Bond. 

Compensation. 

Employees. 

Duties and powers. 

Public works under control of 

county manager. 
Custodian of property. 
Advisory commission to manager. 
Chairman and vice-chairman. 
Meetings; county manager to keep 

commission informed. 
Legal advisor to manager. 

Article 3. 



Purchases. 



to make pur- 
of 



14-1681. County manager 
chases. 

14-1682. Conformance to requirements 
commission. 

14-1683. Procedure generally. 

14-16S4. Purchase after advertising for bids. 

14-1685. When bidding restricted to eligible 
list. 

14-1686. Purchases when competition im- 
practicable. 

14-1687. Replacement parts, etc. 

14-1688. Emergencies. 



Article 4. 
Financial Matters Generally. 
Sec. 

14-1691. Disbursement of county funds. 

14-1692. Penalties as to issuance, etc., of 
warrants; contracts void. 

14-1693. Payment of fees in advance. 

14-1694. Reports of claims audited. 

14-1695. Additional report to be published. 

14-1696. Maximum price of publications; 
alternative posting. 

14-1697. Publication prerequisite to salary 
payment. 

14-1698. Borrowing. 

14-1699. Tax for emergency when no sup- 
ply bill enacted. 



Sinking 



Article 5. 

Fund Commission. 



14-1701. 
14-1702. 
14-1703. 

14-1704. 

14-1705. 
14-1706. 
14-1707. 
14-1708. 
14-1709. 
14-1710. 

14-1711. 



14-1712. 
14-1713. 



Appointment of commission; term. 

Compensation; bonds. 

Commission to work under mana- 
ger. 

Manager to be secretary of com- 
mission. 

Expenses. 

Fiscal agent of commission. 

Rules and regulations. 

Investment of funds. 

Custody of securities; deposits. 

Sale or exchange of securities; 
compromise of obligations, etc. 

Record of bonds outstanding and 
funds; payment of principal and 
interest thereon. 

Subdivisions to share assets and 
profits and losses. 

Transfer of funds when outstand- 
ing obligations paid. 



Article 1. 
General Provisions. 

§ 14-1651. Office hours. 

It shall be lawful for all county offices in the county to close their doors to 
the public at 1 o'clock, P. M., on each and every Saturday of the year, such 
offices to remain closed until the regular time for opening on the following 
Monday morning. 

This section is permissive and not mandator}', and the closing of such offices 
shall be in the discretion of the person in charge of each individual office. 

1942 (42) 1526. 

269 



§ 14-1661 Code of Laws of South Carolina § 14-1666 

Article 2. 
County Government. 

§14-1661. County manager. 

There shall be a county manager for Darlington County, whose duties shall 
be as set forth in this chapter. 

1942 Code § 4227; 1941 (42) 54. 

§ 14-1662. Appointment and term; vacancies. 

The county manager shall be appointed by the Governor for a term of two 
years commencing on July 1st of uneven numbered years upon the nomina- 
tion of a majority of the advisory commission to the manager and shall serve 
until his successor is duly appointed and qualified. Any vacancy occurring 
in the office of county manager shall be filled for the unexpired term in the 
same manner. 

1942 Code § 4227; 1941 (42) 54; 1947 (45) 40. 

§ 14-1663. Bond. 

Before entering upon the discharge of his duties the county manager shall 
execute a fidelity bond in the sum of twenty thousand dollars, in favor of the 
county with a surety company authorized to do business in this State. The 
premium on such bond shall be paid from ordinary county funds. 

1942 Code § 4228: 1941 (42) 54; 1950 (46) 2401. 

§ 14-1664. Compensation. 

The county manager shall receive such compensation for his services as 
may be prescribed in the annual appropriation act. 

1942 Code § 4228; 1941 (42) 54. 

§ 14-1665. Employees. 

In the performance of his duties the county manager shall appoint such sub- 
ordinates and such employees as may be necessary, upon such terms and for 
such compensation as he may see fit, having due regard to prevailing rates of 
pay for similar work in the county and State. 

1942 Code § 4228; 1941 (42) 54. 

§ 14-1666. Duties and powers. 

All executive and administrative duties, powers and authority necessary 
for the government of the county and that are not inconsistent with the 
Constitution or laws of this State, including all the duties, powers and au- 
thority formerly lawfully imposed upon or vested in the county commissioners 
and county directors of the county and which are consistent with the provi- 
sions of this chapter and all the duties, powers and authority that were law- 
fully devolved upon or vested in the county board of directors of the county 
and that are not inconsistent herewith are hereby devolved upon and vested 
in the county manager. 

1942 Code § 4227; 1941 (42) 54. 

270 



§ 14-1667 Counties § 14-1672 

§ 14-1667. Public works under control of county manager. 

The public works of the county, including the supervision and maintenance 
of all public buildings and other public property, both real and personal, the 
construction, maintenance and supervision of public roads, bridges and other 
public works and the operation and maintenance of the chain gang shall be 
under the direct supervision and control of the county manager, who may be 
advised by the commission. 

1942 Code § 4229; 1941 (42) 54. 

§14-1668. Custodian of property. 

The county manager shall be the custodian of all public buildings and other 
real property and all road machinery and chain gang camp equipment. 

1942 Code § 4228; 1941 (42) 54. 

§ 14-1669. Advisory commission to manager. 

There shall be an advisor)- commission to the county manager consisting 
of five members who shall be appointed by the Governor on the recommenda- 
tion of a majority of the legislative delegation, including the Senator, and the 
term of office of the members of the commission shall be two years, such terms 
to run concurrently and end with the term of office of the county manager. 
or until their successors are appointed and qualified. Any vacancy which 
may exist on this commission shall be filled for the unexpired term in the 
manner prescribed for original appointments. The members of the commis- 
sion shall receive mileage at the rate of five cents per mile for each mile 
traveled in attending the meetings of the commission. 

1942 Code § 4229: 1941 (42) 54. 

§ 14-1670. Chairman and vice-chairman. 

There shall be a chairman and vice-chairman of the commission to be elect- 
ed by the members of the commission from its own membership. The 
chairman shall preside at all meetings and represent the commission when it is 
not in session. The vice-chairman shall act as chairman during the absence of 
the chairman. The terms of office of the chairman and vice-chairman shall 
run coterminously and end with their term of office on the commission. 

1942 Code § 4229: 1941 (42) 54. 

§ 14-1671. Meetings ; county manager to keep commission informed. 

The commission shall meet on the call of the chairman, and the chairman 
shall call at least one meeting each month on five days' written notice mailed 
to the address of each commissioner. The county manager shall keep the 
commission informed on the financial and other affairs of the county. 

1942 Code § 4229; 1941 (42) 54. 

§14-1672. Legal adviser to manager. 

As legal advisor to the county manager of the count}' there shall be ap- 
pointed by the manager a member of the county bar. Such appointment shall 
be made to continue during the term of office of the manager, and the ap- 

271 



§ 14-1681 Code of Laws of South Carolina § 14-1684 

pointee shall perform such duties and receive such compensation as may be 
fixed by the manager. Such attorney shall handle all legal business of the 
county. 

1942 Code § 4230-2; 1941 (42) 339. 

Article 3. 
Purchases. 

§ 14-1681. County manager to make purchases. 

The count)' manager shall purchase all goods, office equipment and sup- 
plies, wares, merchandise, groceries and other articles which may be needed 
by the county from time to time, but all such purchases shall be made under 
such regulations, rules and restrictions as to public advertisement, bidding, 
opening and acceptance of bids as may be promulgated by the advisory com- 
mission. 

1942 Code § 4228; 1941 (42) 54. 

§ 14-1682. Conformance to requirements of commission. 

All materials, supplies or equipment the value of which exceeds one hundred 
dollars, purchased directly by the county manager, shall conform to require- 
ments previously fixed by the advisory commission with a view to serving 
satisfactorily the purpose contemplated and to securing the widest practicable 
measure of competition consistent with that purpose. 

1950 (46) 2401. 

§ 14-1683. Procedure generally. 

The procedure in making purchases or purchase contracts shall be adapted 
to the circumstances in each case but in general one of the plana set forth in 
§§ 14-1684 to 14-1688 shall govern. 

1950 (46) 2401. 

§ 14-1684. Purchase after advertising for bids. 

Awards of purchase contracts shall be made after advertising for at least 
two weeks and receiving bids. This plan shall be followed wherever the 
materials, supplies or items of equipment proposed to be purchased are of 
standard quality and can be described so that all bidders will base their pro- 
posals on furnishing articles of identical quality. Advertisement shall con- 
sist in publishing in one or more daily newspapers of the State a statement 
covering the article to be purchased under appropriate heading and such pub- 
lication shall preferably appear in a Sunday issue of the newspapers selected. 
In addition to the newspaper advertisement the description notice shall be 
distributed by mail among all parties known to be interested. Award, if made, 
shall be made in each case to the lowest responsible bidder whose bid shall 
have been formally made as required by the advisory commission. But if the 
bids received indicate the existence of a combination, understanding or agree- 
ment among the bidders for the purpose of fixing the price of the commodity 
proposed to be purchased, the advisory commission may, after rejecting all 

272 



§ 14-1685 Counties § 14-1688 

bids, proceed to negotiate purchase contracts with individual firms so as to 
gain any available advantage for the advisory commission either in price or 
purchase conditions and to that end may consummate purchase contracts 
with domestic or foreign persons. 
1950 (46) 2401. 

§ 14-1685. When bidding restricted to eligible list. 

Wherever the materials, supplies or items of equipment proposed to be pur- 
chased are not susceptible of standardization, the county manager, with the 
approval of the advisory commission, may establish an eligible list of bidders 
and/or articles. Under this plan bidding shall be restricted to the eligible list 
of bidders and/or articles. Advertising and award shall be as required in 
§ 14-1684 but differentials established in advance by the county manager and 
approved by the advisory commission may be recognized in determining the 
low bid. 

1950 (46) 2401. 

§ 14-1686. Purchases when competition impracticable. 

In purchasing materials, supplies or items of equipment that are controlled 
by virtue of patent rights so that competition is impracticable or when the 
articles proposed to be purchased are produced and offered for sale by fewer 
than three reputable firms eligible to offer their products in direct competition 
and it is impracticable to substitute other materials, supplies or items of 
equipment for those proposed to be purchased, purchase negotiations may be 
undertaken by the county manager informally and purchase awards be made 
with the approval of the advisory commission as a result of such negotiations : 
provided that each such award shall be accompanied by a certificate describ- 
ing in detail the procedure followed and provided further that any purchase 
contract made under this plan shall be awarded only after advertising the in- 
tention to award in at least one issue of one daily newspaper published in the 
State. 

1950 (46) 2401. 

§ 14-1687. Replacement parts, etc. 

Materials, supplies and items of equipment necessarily purchased in order 
to replace parts of existing equipment and structures owned by the county, 
which can be supplied only by the manufacturer of the original articles to be 
repaired or by his authorized dealer or agent, may be purchased without for- 
mality, provided that the county manager shall take advantage of every 
opportunity to economize by securing the best purchase agreements prac- 
ticable. Advertising in this case shall consist in reporting to the commission 
monthly a complete record of all such transactions. 

1950 (.46) 2401. 

§ 14-1688. Emergencies. 

In case of emergency, as may be determined by the advisory commission, the 
county manager may make purchases of materials, supplies and equipment 
[2 SC Code] — 18 273 



§ 14-1691 Code of Laws of South Carolina § 14-1693 

without formalities. All purchases of this kind shall be reported in detail 
and made public at the next succeeding meeting of the advisor}' commission. 
1950 (46) 2401. 

Article 4. 
Financial Matters Generally. 

§ 14-1691. Disbursement of county funds. 

The county manager shall examine all warrants and vouchers for the dis- 
bursement of funds and all orders for the purchase of materials or supplies 
for the county. No disbursements shall be made, and no liability or contract 
for purchase or otherwise shall be incurred or made without the certificate 
of the county manager that he has examined the purchase orders, vouchers or 
other documents relating to the same and that funds have been appropriated 
or other lawful provisions made to meet the disbursements to be made or the 
liability so incurred. 

Except school warrants approved by the county superintendent of edu- 
cation and except as otherwise provided, no warrant for the payment of any 
salary, purchase, service or any other obligation of the county shall be 
issued unless signed or countersigned by the county manager, and no dis- 
bursements of county funds of any character whatsoever on the part of 
the county, of any department of the county government or of any officer or 
employee thereof shall be made except by county warrant, executed as afore- 
said. 

1942 Code § 4228; 1941 (42) 54. 

§ 14-1692. Penalties as to issuance, etc., of warrants ; contracts void. 

It shall be a misdemeanor, punishable by fine or imprisonment, or both, in 
the discretion of the court, to procure the issuance of a county warrant or to 
negotiate any county warrant with the knowledge that the same has been 
issued in violation of law or to write upon such county warrant anything to 
give color of validity or value to the same after it has been issued without 
the authority of the manager. Any contract made and any debt incurred by 
or in the name of the county in violation of any provision of this chapter 
shall be unenforceable and void. 

1942 Code § 4230; 1941 (42) 54. 

§ 14-1693. Payment of fees in advance. 

It shall be unlawful for the clerk of court to receive, file or record any 
papers, the sheriff to serve any papers or the judge of probate to file or record 
any papers or proceedings or for any officer on salary or fees to take any ac- 
tion whatsoever concerning papers in civil matters until the fees therefor pro- 
vided shall first be paid to such respective officers. Any payment of fees for 
mileage shall not operate to relieve the party responsible therefor from liabil- 
ity for any deficiency. Any violation hereof shall be punished by a fine of not 

274 [2SCCode] 



§ 14-1694 Counties § 14-1698 

less than five dollars nor more than twenty-five dollars or imprisonment for 
not more than ten days. 

1942 Code § 4231; 1935 (39) 33; 1936 (39) 1318. 

§ 14-1694. Reports of claims audited. 

The county manager shall publish monthly, in some newspaper published in 
the county, during the first week of each month, a full statement of the claims 
audited by him during the month next preceding such publication. The 
statement shall show, as published, the file number of the claim, the amount 
claimed, the amount allowed, the nature of the claim or services rendered and 
the name of the claimant. 

1942 Code § 4232: 1932 Code § 4232; Civ. C. '22 § 1435; 1913 (28) 116. 

§ 14-1695. Additional report to be published. 

The county manager shall also publish monthly in some newspaper pub- 
lished in the county a verified statement showing the balance for or against 
the county brought from the month before, the amount paid out during the 
month and what balance is to be carried to the next month. 

1942 Code § 4233; 1932 Code § 4233; Civ. C. '22 § 1436; Civ. C. '12 § 2035; 1908 (25) 
1197; 1913 (28) 116. 

§ 14-1696. Maximum price of publications; alternative posting. 

The contract price for such publications shall not exceed the sum of seven 
dollars per month. In the event the county manager is not able to contract for 
the publication of such reports in a newspaper published in the county for 
such sum, he shall post such reports in five public and conspicuous places in 
the county. 

1942 Code § 4234: 1932 Code § 4234; Civ. C. '22 § 1437; 1913 (28) 116. 

§ 14-1697. Publication prerequisite to salary payment. 

It shall be unlawful for the county treasurer of the county to pay the salary 
warrants for the pay of the county manager until he satisfies himself that 
the reports herein required have been made and published. 

1942 Code § 4235; 1932 Code § 4235; Civ. C. '22 § 1438; 1914 (28) 743. 

§ 14-1698. Borrowing. 

The county manager shall estimate quarterly the amount of money neces- 
sary to meet claims against the county in accordance with the appropriations 
made and for school purposes for the next ensuing quarter and shall not bor- 
row at any one time an amount of money in excess of such estimates. No 
loans shall be negotiated for any sum or sums of money by any public officer 
or officers of the county except upon competitive bids from reliable and re- 
sponsible bidders. Such bids shall be made after due advertisement and notice 
of not less than fifteen days in the newspapers of the county and by notice 
being mailed to each bank or banking institution within the county. If the 
county manager shall fail, refuse or neglect to comply with the terms and 
provisions of this section he shall be guilty of misconduct in office, and the 

275 



§ 14-1699 Code of Laws of South Carolina § 14-1703 

Governor, upon the fact being made known to him, shall remove such officer 
summarily from office. 

1942 Code § 4236; 1932 Code § 2810; 1926 (34) 919. 

§ 14-1699. Tax for emergency when no supply bill enacted. 

In any year in which the General Assembly shall fail to enact a county sup- 
ply bill for the county when it has been found necessary for the officers of 
the county to borrow money under an emergency provision in the previous 
county supply bill which is continued of force by § 14-19 the county auditor 
and the county treasurer shall, after securing the approval of a majority of 
the county legislative delegation, levy and collect a sufficient tax to pay the 
amount so borrowed for such emergency and may pledge such tax levy for 
emergency as security for the money so borrowed. 

1942 Code § 4238; 1936 (39) 1380. 

Article 5. 
Sinking Fund Commission. 

§ 14-1701. Appointment of commission; term. 

The sinking fund commission of the county shall consist of three members 
to be designated by the county manager. The three members so appointed 
shall be men of substantial experience in the fields of business and finance. 
Their terms of office shall be for four years, and they shall serve until their 
successors have been appointed and qualified, the terms of the present mem- 
bers expiring June 30 1953 at which time new members shall be appointed for 
a four year period. 

1942 Code § 4251; 1941 (42) 288. 

§14-1702. Compensation; bonds. 

The members of the commission shall serve without compensation, except 
that they shall be paid at the rate of five cents per mile for each mile of travel 
required to enable them to attend the meetings of the commission. Before 
entering upon the performance of their duties the members of the commission 
shall each give bond in the sum of twenty thousand dollars for the faithful 
performance of their duties, the premiums on such bonds to be paid out of the 
ordinary county funds. 

1942 Code § 4251; 1941 (42) 288. 

§ 14-1703. Commission to work under manager. 

The sinking fund commission shall exercise its powers subject to the super- 
vision and control of the county manager. It shall report to the manager at 
least once each year, and oftener if so required by the manager, all of its 
transactions and the securities acquired and held by it and shall furnish such 
other information as may be required by the manager. 

1942 Code § 4251; 1941 (42) 288. 



276 



§ 14-1704 Counties § 14-1709 

§ 14-1704. Manager to be secretary of commission. 

The county manager shall perform the duties of secretary of the sinking 
fund commission and shall attend all meetings of the commission and perform 
all of the clerical work incident to the performance of the duties of the com- 
mission. 

1942 Code § 4251: 1941 (42) 288. 

§ 14-1705. Expenses. 

The necessary expenses of the sinking fund commission for the purchase of 
supplies or incurred in connection with the purchase of securities and the 
keeping and maintenance of proper records and accounts may be paid by the 
commission out of an)' income coming into the hands of the commission, pro- 
vided that the total of such expenses shall not exceed the sum of one hundred 
dollars per year, unless specially authorized by the county manager. 

1942 Code § 4251; 1941 (42) 288. 

§ 14-1706. Fiscal agent of commission. 

In the discretion of the commission, it may appoint some bank in the county 
or elsewhere in the State as fiscal agent for a term of three years, for the 
prompt payment of interest coupons as they become due on any bonds or 
obligations of the county or any political subdivision thereof, other than a 
municipality. The commission shall from time to time deposit sufficient 
funds with such fiscal agent for the payment at maturity of the principal sum 
of such bonds or obligations and of the interest thereon. The commission 
shall determine the rates of exchange to be allowed to the fiscal agent. 

1942 Code §4251; 1932 Code §4252; 1930 (36) 1259; 1931 (.37) 670; 1941 (42) 288. 

§14-1707. Rules and regulations. 

The commission may adopt rules and regulations to carry out the intent of 
this article, not inconsistent herewith. 

1942 Code §4251; 1932 Code §4252; 1930 (36) 1259; 1931 (37) 670; 1941 (42) 288. 

§ 14-1708. Investment of funds. 

The commission, in its judgment, may invest funds held by it in bonds of 
this State, county bonds, bonds of a political subdivision of a county, United 
States Government bonds, county tax anticipation notes or other sound in- 
terest-bearing securities. No investment shall be made unless the commis- 
sion sball deem it entirely secure. The commission may also from time to 
time reinvest any funds held by it or change the form of any securities in which 
any such funds may be invested. 

1942 Code §4251; 1932 Code §4252; 1930 (36) 1259; 1931 (37) 670; 1941 (42) 288. 

§ 14-1709. Custody of securities ; deposits. 

The commission shall keep the securities held by it in a safety deposit box 
in one of the banks of the county or in some other place of safekeeping. None 
of the funds held by it shall be deposited in any bank unless the depository 
bank shall first furnish the commission an indemnity bond with a personal or 

277 



§ 14-1710 Code of Laws of South Carolina § 14-1712 

corporate surety, approved by the county attorney, conditioned for the pay- 
ment to the commission, upon demand, of any and all sums due on account of 
the deposit and accrued interest thereon, or deposit with the commission se- 
curities which in the judgment of the commission will protect any sum so 
deposited and accrued interest thereon. 

1942 Code § 4251; 1932 Code § 4252; 1930 (36) 1259; 1931 (37) 670; 1941 (42) 288. 

§ 14-1710. Sale or exchange of securities; compromise of obligations, etc. 

The commission may sell in the usual business channels, in such manner and 
and on such terms as to the members may seem best, any of the securities 
which may be held by the commission from time to time and may accept for 
the securities so sold an amount less than face or par value thereof, if in the 
judgment of the commission that is the sound course to pursue in respect to 
the particular securities. It may also exchange any securities in its hands 
for other securities of the same obligors, even though the terms and rates 
of interest of the new securities may be less favorable than those given in 
exchange, when in the judgment of the commission this is the sound course to 
pursue. It may also compromise any obligation due it or securities held by it 
and enter into any refunding or reorganization plan, whether involving the 
substitution of securities or not, proposed by any obligor for the purpose of 
adjusting, refunding or selling obligations held by the commission. But in 
the exercise of any of the powers conferred by this section the members of the 
commission shall act only by unanimous vote, except that when a majority 
of the members of the commission favor the exercise of any power conferred 
by this section, such power may be exercised by a majority of the members 
of the commission upon the written approval of the county manager. 

1942 Code § 4251; 1941 (42) 288. 

§ 14-1711. Record of bonds outstanding and funds; payment of principal and 
interest thereon. 

The commission shall keep a complete and accurate account of all bonds 
issued by the county or any of the political subdivisions thereof, other than of 
municipalities, showing the amount and maturity dates thereof, the rate of 
interest, where payable and when the interest coupons thereon are due, to- 
gether with the name and location of the political subdivision issuing such 
bonds and accounts showing the amounts of money to the credit of the sev- 
eral issues. It shall pay from the funds in its hands applicable to the respective 
issues or obligations the principal and interest due thereon. 

1942 Code §4251; 1932 Code §4252; 1930 (36) 1259; 1931 (37) 670; 1941 (42) 288. 

§ 14-1712. Subdivisions to share assets and profits and losses. 

All funds, securities and other assets in the hands of the sinking fund com- 
mission shall be the joint property of the respective political subdivisions of 
the county, whose indebtedness is serviced by the commission, such ownership 
being in the proportion that the amount of funds of each political subdivision 
paid into the hands of the commission bears to the total amount of funds re- 
ceived by the commission, the purpose of this provision being that all income 

278 



§ 14-1713 



Counties 



§ 14-1713 



and profits collected by the commission from securities held by it shall belong 
proportionately to all such political subdivisions, and that all losses sustained 
shall likewise be borne proportionately. 
1942 Code § 4251; 1941 (42) 288. 

§ 14-1713. Transfer of funds when outstanding obligations paid. 

Whenever any political subdivision of the county for which the commission 
is holding any sinking fund or sinking fund securities has discharged all of its 
outstanding obligations, both principal and interest, so that there is no further 
occasion for the accumulation of a sinking fund in the hands of the commission 
for such political subdivision, the commission shall pay and deliver to the 
treasurer of the county, for credit to such political subdivision, the money or 
securities in the hands of the commission which have been accumulated or 
which in any manner have been received by the commission for the account 
of such political subdivision. 

1942 Code § 4251; 1941 (42) 288. 



CHAPTER 31. 
Dillon County. 



Article 1. 
General Provisions. 
Sec. 

14-1751. Bonds of officials. 

14-1752. Clerk to keep documentary stamps 

for sale. 
14-1753. Township lines may be readjusted. 
14-1754. Hours of county officers. 

Article 2. 
County Government. 

14-1761. Board of county commissioners; 

election and term. 
14-1762. Chairman. 
14-1763. Blank. 
14-1764. Clerk of board. 
14-1765. Attorney. 
14-1766. General duties and powers of 

board. 
14-1767. Visiting chain gang and office of 

board. 
14-1768. Meetings. 

Article 3. 

Purchases. 

14-1772. Purchase of supplies. 



Sec. 

14-1773. Officials not to purchase supplies. 

14-1774. Sections 14-1772 and 14-1773 not 
applicable to county board of ed- 
ucation. 

Article 4. 

Financial Matters Generally. 

14-17S1. Requirements as to warrants. 
14-1782. Borrowing; pledging delinquent 

taxes as security. 
14-1783. Publication of reports. 
14-1784. Treasurer to file annual statement. 

contents: filing. 
14-1784.1. Deposit of sinking funds. 
14-1785. Investment of sinking funds. 

Article 5. 

Officers Paid Salaries in Lieu of Fees. 

14-1791. Salaries in lieu of fees for officers 

14-1792. Collection and accounting for fees 

14-1793. Record of fees received. 

14-1794. Clerical help and other assistance 

14-1795. Extension of credit for fees. 

14-1796. Penalties. 



279 



§ 14-1751 Code of Laws of South Carolina § 14-1753 

Article 1. 
General Provisions. 

§ 14-1751. Bonds of officials. 

The following shall constitute the amounts of official bonds of the fol- 
lowing named officials of Dillon County, to be made payable in favor of the 
county, to wit: county commissioners two thousand five hundred dollars each, 
county auditor ten thousand dollars, county sheriff ten thousand dollars, judge 
of probate ten thousand dollars, county coroner two thousand dollars, delin- 
quent tax collector fifteen thousand dollars, master in equity ten thousand dol- 
lars, superintendent of education five thousand dollars, clerk of court ten 
thousand dollars, road supervisor five thousand dollars, county treasurer twen- 
ty thousand dollars, clerk to count)' board of commissioners five thousand 
dollars, each member of the county board of education five thousand dollars. 
clerk to county board of education five thousand dollars, magistrate at Dillon 
one thousand dollars, all other county magistrates five hundred dollars each 
and county jailor two thousand five hundred dollars. All premiums on such 
bonds shall be paid by the county, and in addition thereto the county shall pay 
the premiums on bonds of the deputy tax collector and deputy sheriffs and of 
clerks to the following officials, when bonds are issued for their protection and 
payable to them, to-wit : auditor, treasurer, clerk of court, judge of probate, 
sheriff, delinquent tax collector. 

1948 (45) 1606. 

§ 14-1752. Clerk to keep documentary stamps for sale. 

The clerk of court for the county shall at all times keep on hand, in such 
proportions as he deems advisable, a sufficient supply of federal and state 
documentary stamps to meet the need of the general public and shall sell the 
same to the public at the cost price thereof. 

1947 (45) 143. 

§ 14-1753. Township lines may be readjusted. 

In addition to the other duties to be performed by it, the county board 
of commissioners may, if it sees proper, readjust, reform and fix the lines 
and boundaries of the several townships into which the county is divided, so 
that the townships may be in as compact form as practicable and conform as 
nearly as possible to each other in area and territory. It may designate 
such townships by name or by number, or by both name and number. In case 
of any such readjustment and reformation, the board shall prepare and keep in 
their office a description showing and indicating, clearly and distinctly, the 
line and boundaries of each township, shall file a copy thereof in the office of 
the clerk of the circuit court, in and for the county, to be by him entered on 
the book of plats and locations, and publish the same once in each week, for 
four successive weeks, in a newspaper published in the county. 

1942 Code § 4262; 1932 Code § 4262; Civ. C. '22 § 1459; Civ. C. '12 § 1025; 1911 (27) 59. 

280 



§ 14-1754 Counties § 14-1766 

§14-1754. Hours of county officers. 

All officers for Dillon County may close their respective offices at twelve 
o'clock noon upon each Saturday throughout the year and may close their 
respective offices at twelve o'clock noon on each Wednesday and keep them 
closed for the remainder of the day during the months of May, June and July. 

1942 Code §4268-3; 1941 (42) 115. 

Article 2. 

County Government. 

§ 14-1761. Board of county commissioners; election and term. 

The county board of commissioners shall be composed of six members. One 
commissioner shall be elected from each of the six townships of the county 
by the qualified electors of such township. The term of office of each com- 
missioner shall be for a period of two years, beginning on December 1st of 
each even numbered year, and until his successor is appointed and qualified. 

1942 Code § 4254: 1932 Code § 4254; Civ. C. '22 § 1450; Civ. C. '12 § 1021; 1911 (27) 59: 
1914 (28) 603; 1920 (31) 889; 1921 (32) 132; 1930 (36) 1330. 

§ 14-1762. Chairman. 

The board of county commissioners shall elect from its number a chair- 
man, who shall hold office for a term of two years, and upon whom may be 
devolved by the board in its discretion such executive and official duties as it 
may deem advisable. 

1942 Code §4255: 1932 Code §4255: Civ. C. '22 § 1451; Civ. C. '12 § 1026; 1911 (27) 59; 
1914 (28) 603; 1920 (31) 889; 1921 (32) 132. 

§ 14-1763. Blank. 

§ 14-1764. Clerk of board. 

The board of county commissioners may employ a competent office assistant 

to be known as the clerk of the county board of commissioners who shall 

receive a salary not in excess of five hundred dollars per year, to be fixed by the 

board. The clerk shall be required to be in the office of the board daily within 

reasonable office hours to keep the books, accounts and records and to perform 

the clerical work of the office and such other duties as the board may impose. 

1942 Code § 4257: 1932 Code § 4257; Civ. C. '22 § 1453; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132: 1931 (37) 192. 

§ 14-1765. Attorney. 

The board shall employ the services of an attorney at law who shall attend 
all meetings of the board and shall advise the board at all times when called 
upon. 

1942 Code § 4261; 1932 Code § 4261; Civ. C. '22 § 1457; 1914 (28) 603. 

§ 14-1766. General duties and powers of board. 

The board of county commissioners shall organize and conduct the admin- 
istration of the county's business upon a systematic, economic and efficient 

2S1 



§ 14-1767 Code of Laws of South Carolina § 14-1772 

basis. To that end the board shall provide and maintain, at the courthouse, 
an office for the transaction of business which shall be open as nearly as 
practicable upon every business day of the year and wherein shall be kept 
all books of accounts, contracts, correspondence and other records of official 
business. It shall inaugurate and maintain, under such expert supervision 
and direction as may be necessary, a system of disbursing- funds and keeping 
accurate checks of same and of accounts and bookkeeping that will properly 
safeguard the public interest and determine and show accurately the cost of 
maintaining all public institutions and public property and performing all 
public work of any character and it shall be chargeable with the respon- 
sibility for the construction and proper maintenance and upkeep of the county's 
highways and bridges. 

1942 Code § 4256; 1932 Code § 4256; Civ. C. '22 § 1452; Civ. C. '12 § 1024; 1911 (27) 59; 
1914 (28) 603: 1920 (31) 889: 1921 (32) 132. 

§ 14-1767. Visiting chain gang and office of board. 

The chairman of the board of commissioners shall visit the chain gang and 

other working crews at least once a week and advise with the road supervisor 

as well as visit the office of the county commissioners at least once a week 

and advise with and direct the clerk of the board. The other commissioners 

shall visit the chain gang and other working crew at least once a week when 

the chain gang or working crew is in their respective townships. 

1942 Code § 4256; 1932 Code § 4256; Civ. C. '22 § 1452; Civ. C. '12 § 1024; 1911 (27) 59; 
1914 (28) 603; 1920 (31) 889; 1921 (32) 132. 

§ 14-1768. Meetings. 

The board of county commissioners shall hold a meeting at its office in 
the town of Dillon on the first Tuesday in each month, and at such meetings 
it shall review the weekly reports of the work done on the public highways 
and amounts paid for same. 

1942 Code § 4256; 1932 Code § 4256; Civ. C. '22 § 1452; Civ. C. '12 § 1024; 1911 (27) 59; 
1914 (28) 603; 1920 (31) 889; 1921 (32) 132. 

Article 3. 
Purchases. 

§ 14-1772. Purchase of supplies. 

The county board of commissioners shall be responsible for the purchase of 
all supplies, including office furniture, stationery and equipment of all offices 
or departments of the county, and such expenditures for the purposes above 
stated shall be made by the county commissioners, when approved by a 
majority thereof, from the funds set up in the annual supply acts of the county 
earmarked for "printing, postage and stationery" and "miscellaneous contin- 
gent." The county board of commissioners shall not exceed the funds so 
earmarked except upon written authorization of the county legislative delega- 
tion. 

1947 (45) 187. 

282 



§ 14-1773 Counties § 14-1784 

§ 14-1773. Officials not to purchase supplies. 

No officer of the county shall contract for the delivery of office equipment, 
furniture, stationery or other office supplies, except that nothing herein con- 
tained shall be construed as forbidding the purchase of such supplies by any 
officer with his personal funds. 

1947 (45) 187. 

§ 14-1774. Sections 14-1772 and 14-1773 not applicable to county board of edu- 
cation. 

The provisions of §§ 14-1772 and 14-1773 shall not apply to purchases made 
by the county board of education. 

1947 (45) 187. 

Article 4. 

Financial Matters Generally. 

§ 14-1781. Requirements as to warrants. 

The clerk shall state clearly on each and every pay warrant the township 
or other fund that the same is to be charged to by the county treasurer, and 
the county treasurer shall not pay any warrant that is not so designated. 
Before any warrant shall be paid it shall be signed by at least three com- 
missioners, one of whom shall be from the township in which the expenditure 
was made. All pay certificates shall be signed by at least four of the com- 
missioners. 

1942 Code § 4257; 1932 Code § 4257; Civ. C. '22 § 1453; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132; 1931 (37) 192. 

§ 14-1782. Borrowing; pledging delinquent taxes as security. 

The county board of commissioners may borrow not in excess of ninety 
per cent of the delinquent taxes due in the county and pledge such delinquent 
taxes as security therefor. The board shall execute a note for whatever sum 
is so borrowed, payable at such time as it may fix and at a rate of interest not 
to exceed four per cent. The funds when so borrowed shall be used for county 
and school purposes in the county. 

1949 (46) 1148. 

§ 14-1783. Publication of reports. 

The county board of commissioners shall publish quarterly in some news- 
paper published in the county a full report of the financial condition of the 
county showing the expenditures, from what fund the same were expended 
and for what purposes they were used. 

1942 Code § 4266; 1932 Code § 4266; Civ. C. '22 § 1463; 1921 (32) 132. 

§ 14-1784. Treasurer to file annual statement; contents; filing. 

The treasurer of the county shall, within ten days after the annual settle- 
ment with the Comptroller General of this State, file in the clerk of court's 
office of the county a full statement showing the condition of the finances of 
the county, giving in detail the amount of school bonds in each school district, 

283 



§ 14-1784.1 Code of Laws of South Carolina § 14-1785 

the amount of sinking funds and where placed or deposited together with the 
sums borrowed in each district during the year and all other moneys received 
and expended during the year. Upon the filing of such statement with the 
clerk of the court, the clerk shall place it in a box plainly marked, and it 
shall be open for inspection by any person in the county that desires to see it. 
1942 Code § 4268; 1932 Code § 4268; 1925 (34) 171. 

§ 14-1784.1. Deposit of sinking funds. 

All sinking funds of the county shall be deposited by the county treasurer 
or the custodians of such funds annually in all banks and banking institu- 
tions of the county pro rata to the capital and surplus of such banks or bank- 
ing institutions. The banks and banking institutions receiving such funds for 
deposit shall execute and deliver to the governing body of the county an in- 
demnity or personal bond or pledge sufficient collateral as security condi- 
tioned to pay the county any loss or damage, together with interest at the 
rate of four per cent, less the cost of the premium of the security or personal 
bond, that may be suffered by the county by reason of the failure or refusal 
of such bank or banking institution to keen such funds safely and repay them 
with any accrued interest. Such security or indemnity bond or collateral 
shall be approved by the governing body of the county and the county at- 
torney. 

All bonds, collateral or security given by any bank or banking institution 
or provided in this section shall be deposited with the clerk of court of the 
county as a depository for safekeeping of such security. 

Any public officer of the county who shall fail, refuse or neglect to comply 
with the terms and provisions of this section shall be deemed guilty of mis- 
conduct in office and the Governor shall, upon the facts being made known 
to him, remove such officer summarily from office. 

1942 Code §2855-5; 1932 Code §2811; 1925 (34) 182. 

"Collateral" and "security" comprehend rity," respectively, authorized acceptance of 

bills receivable. — Statutes permitting cus- pledge of bills receivable and agreement for 

todian of sinking funds of Dillon County to pledge of assets to secure future deposits, 

deposit them upon receipt of bank's per- since "collateral" and "security" comprc- 

sonal bond or "pledge of sufficient collateral hended bills receivable. Temple v. McKay, 

as security" and sufficient bond or "secu- 172 S. C. 305, 174 S. E. 23 (1934). 

§ 14-1785. Investment of sinking funds. 

The county treasurer shall invest the sinking funds of the county within 
six months from the collection of the tax levied for the establishment and 
maintenance of such sinking funds in bonds issued by any political subdi- 
vision of this State, including bonds issued by an}' county, town, township, 
or school district of the State ; provided, hozvever, that the treasurer 
acting jointly with the county board of commissioners may in their joint dis- 
cretion from time to time invest a portion of such sinking funds in 
first mortgages on real estate situated in the county, except that no 
loan of such funds shall be made on real estate in any amount in excess 
of fifty per cent of the appraised value of such real estate, such appraisal to 
be made by the county board of commissioners at the time any such loan or 

284 



§ 14-1791 Counties § 14-1793 

loans are made and a written report of such appraisal to be filed with the 
county treasurer, and except that at no time shall the portion of such sinking 
funds invested in real estate mortgages exceed twenty-five per cent of the 
total accumulated sinking funds of the county. 

Not more than one-third of such sinking funds may by the treasurer be 
deposited in the bank or banking institutions of the county on the basis of 
their capital stock. Any such bank receiving such funds for deposit shall 
at the expense of such bank furnish sufficient bond or security conditioned 
for the safekeeping of such funds and for the paying over of the same with 
interest thereon at the rate of not less than four per cent per annum. 

Any and all notes or bonds secured by mortgages of real estate and all 
mortgages securing the same in which any of such funds may be invested 
as herein provided shall be deposited with the treasurer of the county for safe- 
keeping of such securities. 

1942 Code § 4267; 1932 Code § 4267; 1926 (34) 992. 

Cross references. — As to general powers Bills receivable included in "collateral" 

of banking corporation, see § 8-131. As to and "security." — Statutes permitting custo- 

maximum investment in mortgages by bank- dian of sinking funds of Dillon County to 

ing corporation, see § 8-234. deposit them upon receipt of bank's per- 

County treasurer had right to contract in sonal bond or "pledge of sufficient collat- 
advance for security for payment of future eral as security" and sufficient bond or "se- 
deposits, and was entitled to hold collateral curity," respectively, authorized acceptance 
and apply proceeds thereof on debt of in- of pledge of bills receivable and agreement 
solvent bank where there was no fraud, ir- for pledge of assets to secure future depos- 
respective of solvency or insolvency of bank its, since "collateral" and "security" com- 
when pledges were made. Temple v. Mc- prehended bills receivable Temple v. Mc- 
Kay, 172 S. C. 305, 174 S. E. 23 (1931). Kay, 172 S. C. 305, 174 S. E. 23 (1931). 

Article 5. 
Officers Paid Salaries in Lien of Fees. 

§ 14-1791. Salaries in lieu of fees for officers. 

In lieu of all costs, fees, commissions, charges or other emoluments what- 
soever each of the officers of the county except the delinquent tax collector 
shall be paid a salary in full compensation for all services performed in his 
official capacity. Each such salary shall be fixed annually in the supply act of 
the county for each year, respectively. 

1947 (45) 17. 

§ 14-1792. Collection and accounting for fees. 

All fees, charges, commissions, costs or other emoluments whatsoever pre- 
scribed by law to be paid to such officers of the county shall be collected and 
turned over by them to the county treasurer not later than the tenth day of 
each month following the month for which such collection was made. 

1947 (45) 17. 

§ 14-1793. Record of fees received. 

Each such officer formerly entitled to fees, costs, charges, commissions or 
other emoluments shall keep a complete itemized record, on a monthly basis, 

285 



§ 14-1794 Code of Laws of South Carolina § 14-1796 

showing each instrument filed, recorded or otherwise acted upon and the 
amount of fees, charges, commissions and costs which he is entitled to collect 
and receive, which itemized statement shall be sworn to as being true and 
correct to the maker's knowledge by the officer required to keep and maintain 
such record. On the filing of such sworn statement with the county treasurer 
and it appearing to him to be in correct form the treasurer shall so certify to 
the county board of commissioners, which shall then, but not before, pay any 
salary due for the current month to the officer making the statement. All rec- 
ords of collections provided for in this section shall remain on file in the 
treasurer's office and be open to inspection by any citizen of the county at any 
time. 

1947 (45) 17. 

§ 14-1794. Clerical help and other assistance. 

In addition to the salaries provided for in § 14-1791, the county legislative 
delegation of the county shall provide for such clerical help and other assist- 
ance in the office of such officers as may appear to them as necessary for the 
proper conduct of the affairs of the county. Such provisions for clerical help 
shall be contained in the annual supply acts of the county. But no county 
official referred to in § 14-1791 shall profit in any manner by the funds so paid 
for clerical help. Amounts for clerical help and other assistance shall be paid 
only upon vouchers properly drawn, sworn to by the claimants and approved 
by the board of county commissioners of the county as are other claims against 
the county. 

1947 (45) 17. 

§ 14-1795. Extension of credit for fees. 

Reasonable credit may be extended by any such officer of the county to the 
government of the United States or of this State or to any department, agency, 
or political subdivision thereof for fees, costs, charges or commissions which 
would otherwise be payable in advance. No credit other than that authorized 
in this section shall be extended to any person, except at the risk of the officer 
extending such credit. 

1947 (45) 17, 142. 

§ 14-1796. Penalties. 

Any person wilfully or intentionally violating the provisions of this article 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject 
to a fine of not more than one thousand dollars or imprisonment for no more 
than one year, either or both, in the discretion of the court, and shall be forth- 
with removed from office by the Governor. 

1947 (45) 17. 



286 



§ 14-1801 Counties § 14-1802.1 

CHAPTER 32. 
Dorchester County. 



Sec. 



Article 1. Sec. 

General Provisions. 14-1809. Sale of securities and expenditure 

of funds. 

14-1810. Legislative delegation may change 

14-1801. County board of directors. annual supply act. 
14-1802. Members from each road district. 

14-1802.1. Road districts. Article 2. 

14-1803. Appointment of members; vacan- . ._,,._ , 

^ Deposit of Public Funds. 

14-1804. Terms of office. 14-1821. Where funds deposited. 

14-1805. Powers and duties of board. 14-1822. Security required. 

14-1806. Bonds of certain officers. 14-1823. Payment of interest. 

14-1807. Statement of purchases to be filed. 14-1824. Unlawful to make deposits not 

14-1808. Treasurer to make monthly report. provided for in this article. 

Article 1. 
General Provisions. 

§ 14-1801. County board of directors. 

There shall be a board of county directors, to consist of five members, for 
Dorchester County. 

1942 Code § 4270; 1932 Code § 4270; 1922 (32) 1040; 1923 (33) 63. 

§ 14-1802. Members from each road district. 

The board shall consist of a chairman and four members who shall be 

appointed to represent the four road districts in said county, one member to 

be from each road district. 

1942 Code §§ 4271, 4273: 1932 Code §§ 4271, 4273; 1922 (32) 1040; 1923 (33) 63; 1930 
(26) 1173; 1931 (37) 66, 120. 

§ 14-1802.1. Road districts. 

The four road districts of the county shall be as follows: Summerville dis- 
trict, Ridgeville district, St. George district, and Reevesville district. 

(1) The portion of the county lying east of Cypress Swamp down to 
Slan's Bridge and then following the Ashley River to Bacon Bridge and from 
Bacon Bridge to Delmars Cross Roads shall be known as Summerville dis- 
trict. 

(2) The portion of the county lying between the western boundary and 
embracing Four Hole Swamp and the extreme eastern boundary of Cypress 
Swamp and embracing said swamp down to Slan's Bridge, following the Ash- 
ley River to Bacon Bridge and from Bacon Bridge to Delmars Cross Roads 
shall be known as Ridgeville district. 

(3) The portion of the county between Four Hole Swamp and what is 
known as the Walterboro and Bunches Road and embracing said road shall 
be known as St. George district. 

287 



§ 14-1803 Code of Laws of South Carolina § 14-1807 

(4) The portion of the county lying west of the Walterboro and Bunches 
Road to the Orangeburg line shall be known as Reevesville district. 
1942 Code §4272; 1932 Code §4272; 1922 (32) 1040. 

§ 14-1803. Appointment of members; vacancies. 

The chairman of the board and the four other members thereof shall, upon 
the recommendation of the Senator from the county, be appointed and com- 
missioned by the Governor. Vacancies occurring shall be filled by appoint- 
ment of the Governor upon the recommendation of the legislative delegation 
from the county. 

1942 Code § 4278; 1932 Code § 4278; 1931 (37) 120; 1944 (43) 2331. 

§ 14-1804. Terms of office. 

The terms of office of the members of the board, including the chairman, 
shall be for a period of four years, the next term beginning January 1 1955. 

1942 Code §§ 4273, 4276; 1932 Code §§ 4273, 4276; 1931 (37) 120; 1935 (39) 60. 

§ 14-1805. Powers and duties of board. 

The board shall have all the powers and duties conferred generally upon 
supervisors and boards of county commissioners and in all matters shall per- 
form the duties of the governing body of the county. 

1942 Code § 4277: 1932 Code § 4277; 1931 (37) 120. 

§ 14-1806. Bonds of certain officers. 

The following officers in the county, for the faithful performance of the 

duties of office, shall, before entering upon the duties of office, give bonds in 

the following amounts: 

County auditor $ 1,000.00 

County treasurer 30,000.00 

County superintendent of education 5,000.00 

Judge of probate 5.000.00 

Clerk of court 2,000.00 

Sheriff 10.000.00 

Chairman of board of county directors 5,000.00 

Other members of county board of directors 1,000.00 

All bonds given shall be in some surety company licensed to do business 
in this State. Such bonds shall be approved by the Attorney General, and 
the premiums thereon shall be paid by the county treasurer upon warrants 
approved by the chairman of the county board of directors. 

1942 Code § 4280; 1932 Code § 4280; 1930 (36) 1173; 1931 (37) 66. 

§ 14-1807. Statement of purchases to be filed. 

The board of directors shall, on or before the second Monday of each and 
every month, file with the clerk of the court of common pleas a full and 
itemized statement of all purchases, disbursements and expenditures during 
the preceding month. Such statement shall be open to public inspection. 

1942 Code § 4282; 1932 Code § 42S2; Civ. C. '22 § 1477; Civ. C. '12 § 941; 1903 (23) 26. 

2SS 



§ 14-1808 Counties § 14-1810 

§ 14-1808. Treasurer to make monthly report. 

The county treasurer shall on the first day of each calendar month make 
a written report of the preceding month to the chairman of the board of 
directors, showing all moneys received, the source thereof, the fund to which 
the same has been placed, the amount paid from each fund, the balance in the 
county treasurer's hands apportioned to each fund and any anticipated funds 
to be received by him to be credited to any special fund. Such report shall 
be a full, itemized statement showing all moneys received and disbursed and 
on hand. Any failure on the part of the county treasurer to comply with the 
provisions hereof shall be deemed misconduct in office. 

1942 Code § 4295; 1933 (38) 5. 

§ 14-1809. Sale of securities and expenditure of funds. 

The members of the delegation in the General Assembly from the county, 
together with the county treasurer and the chairman of the board of directors 
may, by resolution adopted by the majority thereof in meeting assembled, 
dispose of or sell any bonds or notes held by the county treasurer, for the 
benefit of the county. They may direct the expenditure of any funds realized 
on the sale of any such bonds or notes as they may by such resolution direct 
and they may in the same manner direct the expenditure of any other funds 
in the county treasurer's hands ; provided, Iwivcvcr, that the authority herein 
conferred shall be limited to the disposition of such funds in the hands of 
the treasurer as, under law, may be applicable to general county purposes, and 
in no case sliall such authority be construed to embrace any funds due the 
State or school funds or sinking funds provided for by law. 

1942 Code § 4294; 1933 (38) 25. 

§ 14-1810. Legislative delegation may change annual supply act. 

The legislative delegation of the county may change such items in the 
annual county supply act as in their judgment would be to the best interest 
of the county and may deviate from the provisions thereof when and in such 
manner as they may deem best, with full power to add to or deduct from any 
item in the county supply act. Upon the legislative delegation exercising the 
power herein granted, they shall give in writing to the county board of di- 
rectors their instructions in regard thereto, and the county board of directors 
shall follow such written instructions. A copy of such written instructions 
shall be filed likewise with the county treasurer, who shall comply with the 
same. If it be found that the annual county supply act does not provide for 
all necessary items, the legislative delegation may direct the county board of 
directors to issue vouchers for such items as the legislative delegation shall 
consider necessary, and the county board of directors shall follow such direc- 
tions and issue said vouchers as and when instructed, and the treasurer of 
the county shall pay such vouchers so issued from such funds as the legisla- 
tive delegation may direct him so to do. The legislative delegation shall give 
these instructions in writing to the county board of directors and shall file 
a copy thereof with the treasurer of the county. 

1942 Code § 4293; 1933 (38) 36. 

[2SCCode] — 19 2S9 



§ 14-1821 Code of Laws of South Carolina § 14-1822 

Article 2. 
Deposit of Public Funds. 

§ 14-1821. Where funds deposited. 

The county treasurer shall deposit all county and school funds coming into 
his hands in the various banks of the county proportionately to the amount of 
capital stock and surplus of such banks. In case of a branch bank, the 
capital stock shall be figured on the basis of the amount of capital stock al- 
lotted to that particular bank. Any bank which lends money to the county 
on its note shall have the deposit of the proceeds of such loans if such bank 
shall have theretofore complied with the provisions relative to obtaining a 
deposit of county and school funds or shall at the time comply therewith. 
In case an>' of such banks shall fail to qualify as provided in § 14-1822 the pro- 
portionate part of such deposits that would have been deposited in any such 
bank shall be deposited by the county treasurer in another bank in the county, 
or elsewhere, subject to the approval of the county legislative delegation and 
the county supervisor, evidenced by a resolution adopted by a majority vote. 

1942 Code §2856-1; 1932 Code §2812; 1931 (37) 26; 1938 (40) 1919. 

§ 14-1822. Security required. 

No deposits shall be made by the county treasurer in any of such banks 
until such bank shall furnish to the county a bond with some reputable surety 
company doing business in this State, executed in duplicate, one copy thereof 
to be filed with the county treasurer and one with the county supervisor, 
both of which shall at all times be open to inspection. Such surety bond 
shall be for an amount sufficient to cover all deposits in the bank giving it 
and shall provide, among other things, to indemnify the county for any and 
all loss or damage that may be sustained by it on account of the deposits made 
in such bank, together with accrued interest thereon, and, in case of any 
litigation, reasonable attorney's fees that the county may be put to in con- 
nection therewith. Should such bank in which deposits are made by the 
county treasurer prefer to do so, it may assign to another bank, security or 
trust company located and doing business in this State, for the benefit of the 
county, marketable bonds or securities recognized and listed on a New York 
exchange, or approved municipal bonds. Any such assignment shall be in 
duplicate, one copy thereof to be filed with the county treasurer and one with 
the supervisor, both of which shall be open to inspection at all times. The 
marketable value of such assigned bonds or securities must at all times be 
equal to the amount of money deposited in such bank. Such assignment shall 
have the same terms as provided for the surety bonds mentioned in this 
section. But in lieu of a surety bond any such bank may deposit with the 
county treasurer bonds of the county, of the State or of the United States 
Government, such bonds to be in an amount to equal the deposit of the county 
then on hand in such bank and the value of such bonds so deposited shall be 
deemed to be equal to their aggregate face amount. 

1942 Code §2856-1; 1932 Code §2812; 1931 (37) 26; 1938 (40) 1919. 

290 [2SCCode] 



§ 14-1823 Counties § 14-1851 

§ 14-1823. Payment of interest. 

Each bank having on deposit county or school funds as herein provided 
for shall be required to pay interest at the same rate as is paid the State on 
its secured deposits on all such funds deposited by the county treasurer and 
remaining on deposit with such bank for a period of at least ninety days, such 
interest to be calculated, computed and paid as on savings accounts in such 
bank. 

1942 Code §2856-1; 1932 Code §2812; 1931 (37) 26; 1938 (40) 1919. 

§ 14-1824. Unlawful to make deposits not provided for in this article. 

If the county treasurer shall make any deposit in any bank which has not 
qualified as provided for by the terms of § 14-1822 he shall be immediately 
removed from office by the Governor. The county treasurer and officials of 
any such bank receiving such deposits in violation of the terms of said section 
shall be guilty of a misdemeanor and upon conviction thereof shall suffer 
imprisonment not exceeding one year or be fined not exceeding one thousand 
dollars. 

1942 Code §2856-1; 1932 Code §2812; 1931 (37) 26; 1938 (40) 1919. 



CHAPTER 33. 
Edgefield County. 

Sec. Sec. 

14-1851. Purchase of supplies. 14-1854. Withholding of payment pending 

14-1851.1. Deposit of public funds. litigation over county office. 

14-1851.2. Same; disposition if security can- 14-1855. Expenditures in excess of appro- 

not be obtained. priations, etc. 

14-1851.3. Same; penalties. 14-1855.1. Transfer of funds between ac- 

14-1852. Borrowing. counts. 

14-1853. Award of loans to county. 14-1856. Supervisor to publish statements. 

14-1857. Hours of county officers. 

§ 14-1851. Purchase of supplies. 

Every three months the county board of commissioners of Edgefield County 
shall advertise for at least three weeks in at least three issues of one or more news- 
papers published in the county, based on delivery at the courthouse unless other- 
wise specified, for all implements and supplies of whatever kind that may be 
needed for the county. Such advertisement shall set forth the articles and approx- 
imately the amounts thereof to be purchased, and the contract of purchase 
shall be awarded to the lowest responsible bidder, for the period of three 
months. But in case of emergency the county board of commissioners may 
make purchases for the county when the cost thereof does not exceed fifty 
dollars, and a majority of the commissioners shall certify on the claim the 
necessity therefor. In case of emergency an advertisement as herein pro- 
vided for may be inserted at any time, but all contracts for purchase of sup- 
plies shall be in accordance with the provisions of this section, and no bill, 
account or claim of any kind whatsoever against the county shall be paid 

291 



§ 14-1851.1 Code of Laws of South Carolina § 14-1852 

unless previously contracted for by such competition or by the county board 
of commissioners in cases of certified emergency. 
1942 Code § 4302; 1932 Code § 4302; 1922 (32) 769. 



§ 14-1851.1. Deposit of public funds. 

Before any officer of the county or of any school district or political sub- 
division thereof, entrusted with the custody of public funds of the county 
or any such school district or political subdivision thereof, shall deposit or con- 
tinue any deposit in excess of the sum of five thousand dollars in any bank 
or cash depository for a longer period than thirty days, such officer shall 
require such bank or depository to secure such deposit by furnishing an 
indemnity bond in favor of the county, school district or political subdivision 
thereof, as the case may be, executed by a corporate surety company licensed 
to do business in this State, in an amount equal to the average deposit main- 
tained in any one bank or depository at any one time or by assigning and 
leaving with such officer as indemnity in lieu of a surety bond obligations of 
the United States, the State or any political subdivision of the State, such 
bond or obligations to be approved by such officer. In the event securities are 
deposited in lieu of a surety bond such securities shall be taken at market 
value and be in such an amount that the average deposit in any such bank or 
depository shall not exceed the aggregate amount thereof. The securities 
may be placed in a lock box of the depositing bank and one key kept by the 
county officer and the other by an officer of the bank. Such obligations sball be 
held by the county official to indemnify the county, political subdivision or 
person in interest against any loss that may be incurred on account of such 
deposit. 

1942 Code §2857-4; 1933 (38) 519. 

§ 14-1851.2. Same ; disposition if security cannot be obtained. 

In case the official hereby charged with the duty of requiring obligations to 
secure deposits is unable to obtain them, then such funds shall be kept in a lock 
box in a vault selected by the county treasurer and such funds shall be 
protected against theft and fire by adequate insurance, the premiums on such 
insurance to be paid from the funds thereby protected. 

1942 Code §2857-4; 1933 (38) 519. 

§14-1851.3. Same ; penalties. 

Any person failing to comply with the provisions of §§ 14-1851.1 or 14-1851.2 
shall be guilty of a misdemeanor and upon conviction shall, in addition to 
being civilly liable for all loss resulting, be punishable by a fine not exceeding 
one thousand dollars or imprisonment for a period not exceeding three years, 
or both in the discretion of the court. 

1942 Code §2857-4; 1933 (38) 519. 

§ 14-1852. Borrowing. 

The county board of commissioners may borrow money from year to year 

292 



§ 14-1853 Counties § 14-1855.1 

to pay current expenses, including ordinary expenses and expenses for road 
and bridge building and work, and may pledge the taxes of the county to se- 
cure the same. The county board of commissioners may borrow money from 
the State Budget and Control Board and the State Budget and Control Board 
may make such loans. 

1942 Code § 4304; 1932 Code § 4304; 1922 (32) 769. 

§ 14-1853. Award of loans to county. 

Should the county board of commissioners find it necessary to borrow 
money for any fiscal year for county expenses in advance of the collection 
of taxes therefor as provided and authorized by law it shall notify each bank 
in the county at least two weeks before the day fixed to receive bids, 
setting forth the amount wanted and when the same will be paid and asking 
for competitive bids on terms and the rate of interest. All money borrowed 
shall be at the best terms and at the lowest rate of interest the board can get. 

1942 Code § 4303; 1932 Code § 4303; 1922 (32) 769. 

§ 14-1854. Withholding of payment pending litigation over county office. 

In the event that there be any contest as to the right of any person to 
hold any county office in the county, as evidenced by a formal suit in any 
court of competent jurisdiction filed in the office of clerk of court of the 
county, the county treasurer shall withhold the payment of all compensation, 
cost and expenses fixed by law for the person entitled to hold such office and 
all such compensation, cost and expenses as may be likewise provided for any 
appointee, deputy, deputy clerk or other assistant serving by virtue of and 
under appointment by any such officer, until the right to such office has been 
finally adjudicated or such suit withdrawn or settled. Upon such adjudica- 
tion, withdrawal or settlement of any such suit, payment shall be made as the 
rights of the parties shall have been so determined. 

1950 (46) 2287. 

§ 14-1855. Expenditures in excess of appropriations, etc. 

It shall be unlawful for the supervisor to spend any county funds for any 
other purpose than that for which they were appropriated, and it shall be 
unlawful for him to expend an amount in excess of the levy for any purpose 
or approve any claim for the same without the written consent of a majority 
of the representatives to the General Assembly from the county. There shall 
be plainly written upon each warrant drawn on the county treasurer, the ac- 
count for which it is drawn. 

1942 Code § 4304; 1932 Code § 4304; 1922 (32) 769. 

§ 14-1855.1. Transfer of funds between accounts. 

The county treasurer may transfer funds raised by county taxation from 
one account to another, upon the unanimous written instruction of the county 
legislative delegation, including the Senator. 

1942 (42) 1532. 

293 



§ 14-1856 Code of Laws of South Carolina § 14-1903 

§ 14-1856. Supervisor to publish statements. 

It shall be the duty of the supervisor of the county to publish by the fif- 
teenth day of each month, in a newspaper published in the county, a state- 
ment setting forth all claims paid or approved for payment by him for the 
preceding month, and once every three months the supervisor shall append 
to the regular monthly statement for publication a detailed statement setting 
forth the total indebtedness of the county ; provided that the cost of publica- 
tion of the monthly reports of the supervisor shall not exceed the sum of sixty 
dollars per annum. 

1942 Code § 4305; 1932 Code § 4305; Civ. C. '22 § 1075; 1920 (31) 844. 

§ 14-1857. Hours of county officers. 

The county officers of Edgefield County may, in their discretion, close their 
respective offices on Wednesday afternoon at one o'clock during the months 
of May, June, July and August of each year. 

1942 Code §4306-1; 1941 (42) 215. 



CHAPTER 34. 
Fairfield County. 

Sec. Sec. 

14-1901. Board of county commissioners 14-1911. Meetings of board. 

and supervisor. 14-1912. Duties and powers of board. 

14-1902. Election of supervisor; term. 14-1913. Cooperation with supervisor. 

14-1903. Bond. 14-1914. Purchases and sales. 

14-1904. Board of county commissioners. 14-1915. Claims. 

14-1905. Election; districts. 14-1916. Clerk to prepare monthly state- 
14-1906. Bond. ments. 

14-1907. Vacancies. 14-1917. Officers to report fees and salaries. 

14-1908. Clerk of board. 14-1918. Failure to report. 

14-1909. Civil engineer. 14-1919. Payment of supervisor's salary. 
14-1910. County engineer. 

§ 14-1901. Board of county commissioners and supervisor. 

Fairfield County shall be governed by a board of county commissioners and 
a supervisor, whose respective duties and powers shall be as defined and 
enumerated in this chapter. 

1942 Code § 4307; 1939 (41) 261. 

§ 14-1902. Election of supervisor; term. 

At the general election of 1952, and every two years thereafter, there shall 
be elected a supervisor of the county, whose term shall begin at the expiration 
of the term of the incumbent. 

1942 Code § 4308; 1932 Code § 4307; 1931 (35) 127, 129; 1939 (41) 261. 

§ 14-1903. Bond. 

The supervisor shall not be commissioned or enter upon the duties of his 
office until he has filed with the clerk of court a surety bond in the sum of 

294 



§ 14-1904 Counties § 14-1908 

three thousand dollars, to be approved by the clerk, conditioned for the faith- 
ful performance of his duty. 

1942 Code § 4308; 1932 Code § 4307; 1931 (35) 127, 129; 1939 (41) 261. 

§ 14-1904. Board of county commissioners. 

The board of county commissioners of the county shall consist of five mem- 
bers, each of whom shall be a qualified elector, whose terms of office shall be 
for two years and until their successors shall have been elected and qualified. 

1948 (45) 1863. 

§ 14-1905. Election; districts. 

The five members of the commission shall be elected at the same time and 
in the same manner, except as is herein otherwise provided, as the supervisor of 
the county. 

One member of the board of commissioners shall be elected from and by 
the voters of the district composed of Ridgeway, Long Town, Centerville and 
Simpson. 

One member of the board shall be elected from and by the voters of the 
district composed of Mitford, Gladden Grove, White Oak, Woodward and 
Blackstock. 

One member of the board shall be elected from and by the voters of the 
district composed of Winnsboro and Winnsboro Mills. 

One member of the board shall be elected from and by the voters of the 
district composed of Jackson Creek, New Hope, Feasterville, Shelton and 
Blair. 

One member of the board shall be elected from and by the voters of the 
district composed of Greenbriar, Mossy Dale, Hickory Ridge, Horeb, Jenkins- 
ville and Monticello. 

1948 (45) 1863. 

§ 14-1906. Bond. 

Each of the commissioners shall, before entering upon the discharge of his 
duties, post a bond in the sum of two thousand five hundred dollars condi- 
tioned upon the faithful performance of his duties, the premium of which 
bonds shall be paid by the county. 

1948 (45) 1863. 

§ 14-1907. Vacancies. 

In case of a vacancy in the membership of the board by reason of death, 
removal of residence from his district or otherwise, such vacancy shall be filled 
for the unexpired term by appointment by the Governor upon the recommenda- 
tion of a majority of the members of the General Assembly from the county. 

1948 (45) 1863. 

§ 14-1908. Clerk of board. 

The board shall employ a clerk, who shall be capable of keeping a set of 
books which reflect the funds appropriated for the several items of county 

295 



§ 14-1909 Code of Laws of South Carolina § 14-1915 

expense, as fixed in the annual county supply act, and the unexpended balances 
of such appropriations, and who shall have such other qualifications as the 
board may deem necessary, shall serve at the pleasure of the board and shall 
be paid such compensation as ma}' be fixed in the annual county supply act. 
The clerk shall perform such duties as may be required of him by the board. 
1942 Code § 4309-2: 1939 (41) 261. 

§ 14-1909. Civil engineer. 

Whenever in the judgment of the county commissioners it is necessary 
they may employ a civil engineer, whose fees and expenses shall not exceed 
three hundred dollars per annum. 

1942 Code § 4318; 1932 Code § 4318; Civ. C. '22 § 1513; Civ. C '12 § 2046; 1911 (27) 168. 

§ 14-1910. County engineer. 

The county supervisor, upon approval of the county delegation in the 
General Assembly, may employ a county engineer. 
1942 Code § 4312; 1932 Code § 4312; 1927 (35) 241. 

§14-1911. Meetings of board. 

The board of commissioners shall meet at least once a month. 
1948 (45) 1863. 

§ 14-1912. Duties and powers of board. 

Subject to the provisions of § 33-1611 the business and fiscal affairs of the 
county are placed in the hands of the board, and it is enjoined to administer 
the affairs of the county in the most efficient and business-like manner. 

1942 Code § 4309-4: 1939 (41) 261. 

§ 14-1913. Cooperation with supervisor. 

Each commissioner shall cooperate with and suggest to the supervisor of 
the county in matters pertaining to the county and especially in constructing, 
repairing and maintaining roads and bridges within his district. 

1948 (45) 1863. 

§ 14-1914. Purchases and sales. 

All bining and purchasing for and in behalf of the county shall be by the 
board, and all selling or trading of county property shall be by the board. 
All such buying and selling shall be upon competitive bidding. 

1948 (45) 1863. 

§ 14-1915. Claims. 

All claims against the county shall be filed with the clerk, itemized and sworn 
to. The clerk shall, upon presentation of any claim against the county, file 
the same and enter the same in a book which he shall keep for the purpose, 
which shall show the number of claim, the date of filing, description of the 
claim, the name of the claimant, the amount of the claim, the amount allowed 
and the date of payment. No claim against the county shall be valid for 

296 



§ 14-1916 Counties § 14-1919 

payment unless approved by the board, as herein provided for. The signature 
of the chairman, or acting chairman, approving any claim, attested by the 
clerk, shall mean that the same has been approved, as required by law, and 
shall warrant acceptance or payment thereof by any official. 
1942 Code § 4309-3; 1939 (41) 261. 

§ 14-1916. Clerk to prepare monthly statements. 

The clerk shall have prepared and completed by the second Monday of 
each and every month, so that the same shall be in complete form on that 
date, a verified statement, showing all moneys received by the supervisor, 
stating how and from what source the moneys came, and showing each and 
every itemized bill against the county- which shall have been approved and 
paid by the supervisor, giving in detail full particulars as to each and every 
item ordered paid. Such statement shall be totaled and arranged showing 
in detail what balance, if any, remains to the credit of the office, or what 
deficit, if any, there is. Such statement shall be filed with the grand jury at 
each term of the circuit court, who shall investigate the same with the aid of 
an expert accountant when in their judgment necessary, and shall report any 
and all irregularities to the court. 

1942 Code § 4311: 1932 Code § 4311: 1931 (37) 128. 

§ 14-1917. Officers to report fees and salaries. 

All county officers who are authorized to charge and collect fees for any 
official service or receive salaries shall make a full and accurate report of all 
such fees collected and salaries received by them to the county board of 
commissioners semiannually, for the first six months of each year on the 30th 
of June or within thirty days thereafter, and for the second six months thereof 
on the 31st of December, or within thirty days thereafter. Such rer.ort shall 
be kept by the board for the grand jury and public inspection. 

1942 Code § 4314: 1932 Code § 4314; Civ. C. '22 § 1509; 1919 (31) 56. 

§ 14-1918. Failure to report. 

Any failure or refusal to make such report by any of such officers is hereby- 
declared to be nonfeasance in office, and upon conviction therefor the offender 
shall be punished by fine or imprisonment in the discretion of the court. 

1942 Code § 4315; 1932 Code § 4315; Civ. C. '22 § 1510; 1919 (31) 56. 

§ 14-1919. Payment of supervisor's salary. 

The salary of the county supervisor shall be paid out of general fund or 
out of the appropriation made in the county supply act for repairs on roads and 
bridges. 

1942 Code § 4323; 1932 Code § 4323; Civ. C. '22 § 1518; 1913 (28) 111. 



297 



§ 14-1951 



Code of Laws of South Carolina 



§ 14-1954 



CHAPTER 35. 
Florence County. 



Sec. 

14-1951. Governing board; vacancies. 

14-1952. Duties of board. 

14-1953. County manager. 

14-1954. Office of manager. 

14-1955. Manager under supervision of gov- 
erning board. 

14-1956. Duties and powers of manager. 

14-1957. Approval of purchase of certain 
supplies. 

14-1958. Contracts for purchase of all sup- 
plies, etc. 

14-1959. Same; when advertisement re- 
quired. 

14-1960. Payment of claims. 

14-1961. Approval of claims by manager. 



Sec. 

14-1962. Filing of damage claims; limita- 
tion of actions thereon. 

14-1963. Manager to make monthly report. 

14-1964. Duties of clerk. 

14-1964.1. Deposit of public funds. 

14-1965. Office hours of certain county of- 
ficers. 

14-1966. Sale of real estate. 

14-1967. Salaries for certain officers in lieu 
of fees. 

14-1968. Officers to collect all fees; liability 
on bond. 

14-1969. Officers to account for and deliver 
to treasurer fees collected. 

14-1970. Fees to go in general fund. 

14-1971. Annual audit. 



§ 14-1951. Governing board; vacancies. 

The governing board of Florence Count)' shall consist of seven members to be 
appointed by the Governor upon the recommendation of a majority of the 
legislative delegation of the county. Should a vacancy occur on the governing 
board by reason of the death, resignation or removal from office of any member, 
such vacancy shall be filled for the unexpired term in the manner provided for 
an original appointment. 

1942 Code §4351: 1932 (37) 1441; 1935 (39) 440; 1944 (43) 2251. 

§ 14-1952. Duties of board. 

The board shall have general supervision and control of the business and 
financial affairs of the county, and all warrants or vouchers issued in payment 
of claims against the county shall be executed by the members of the board 
after all the terms of §§ 14-1957 to 14-1961 have been fully complied with. 

1942 Code § 4352; 1932 (37) 1441. 



§ 14-1953. County manager. 

The governing board shall employ a county manager who shall hold office 
for a term of one year and shall be subject to removal by the governing board 
at any time for just cause. 

1942 Code § 4353; 1932 (37) 1441. 



Incumbent holds office until successor ap- 
pointed or elected. — Where a county man- 
ager's term had expired and the governing 
board repeatedly tied on their votes for a 
new manager it was held that the incum- 



bent manager continued in office as a de 
facto officer in the absence of any appoint- 
ment or election. Gaskin v. Jones, 198 S. 
C. 508, 18 S. E. (2d) 454 (1941). 



§ 14-1954. Office of manager. 

The county manager shall use the office of the board in the Florence County 
courthouse. 

1942 Code § 4359; 1932 (37) 1441. 

298 



§ 14-1955 Counties § 14-1959 

§ 14-1955. Manager under supervision of governing board. 

The county manager shall be under the control, supervision and direction 
of the governing board. Each member of the board shall make himself familiar 
with the problems of his district and with the general affairs of the county 
and shall at all times aid the county manager in the performance of his 
duties with advice and counsel. 

1942 Code §4360; 1932 (37) 1441. 

§ 14-1956. Duties and powers of manager. 

The county manager shall have complete and exclusive control of the chain 
gang, roads, bridges, road and bridge maintenance and construction, poor 
farm and dieting of the prisoners at the county jail. 

1942 Code §4354; 1932 (37) 1441. 

§ 14-1957. Approval of purchase of certain supplies. 

The purchase of all supplies, equipment, machinery and material to be used 
in any department of the county in charge of the county manager shall be made 
by the governing board only after the purchase of such supplies, equipment, 
material and machinery shall be approved by and requisition made therefor by 
the county manager. The county manager shall make an equitable distribu- 
tion of road, bridge and chain gang work in the several former commissioner 
districts of the county. 

1942 Code § 4354; 1932 (37) 1441. 

§ 14-1958. Contracts for purchase of all supplies, etc. 

All supplies, equipment, material and machinery of every description what- 
ever to be used by the county or any office or department thereof and paid for 
out of the public funds of the county shall be contracted for and purchased only 
after due advertisement in the manner provided in § 14-1959. 

1942 Code § 4355; 1932 (37) 1441. 

§ 14-1959. Same; when advertisement required. 

Each three months the governing board of the county shall advertise for 
at least three weeks in at least three issues of one or more newspapers in the 
county, or in such newspapers as will most likely give notice to the people 
dealing in the supplies, commodities, equipment or machinery to be pur- 
chased, for bids based on delivery at Florence courthouse or any other desig- 
nated location for all supplies, implements, equipment, material and machinery 
of whatever kind that may be requisite or necessary for the county and each 
and every office or department thereof, including convicts, roads, bridges and 
for every other purpose. Such advertisement shall set forth the article and 
approximately the amount thereof to be purchased. Contracts shall be 
awarded to the lowest bidder for three months, and supplies under the con- 
tract shall be ordered out as needed by the county manager. But in a case 
of emergency the county manager may make a purchase for the county if the 
cost thereof does not exceed fifty dollars, and in the event of such a pur- 
chase the county manager shall certify upon the claim therefor, the emergency 

299 



§ 14-1960 Code of Laws of South Carolina § 14-1964 

requiring it. But in a case of emergency an advertisement as hereinabove 
provided may be published at any time. All contracts to purchase supplies, 
equipment and machinery shall be in accordance with the provisions of this 
section, and no bill, account or claim of any kind whatsoever against the 
county shall be paid unless previously contracted for by such competition or 
by the county manager in a case of specified emergency. 
1942 Code § 4356; 1932 (37) 1441. 

§14-1960. Payment of claims. 

Tbe board shall thoroughly audit and investigate every claim presented 
for payment against the county, and no warrant for the payment of any such 
claim shall be issued without a thorough audit and investigation and satisfac- 
tory proof of the justice of the claim and that it has been incurred pursuant to 
and under the provisions of the law. 

1942 Code § 4360: 1932 (37) 1441. 

§ 14-1961. Approval of claims by manager. 

All claims against the county for material, supplies, equipment and machin- 
ery arising under and to be paid for out of the appropriation for the depart- 
ments of the county in charge of the county manager shall be first approved by 
the county manager before being paid for by the governing board. 

1942 Code § 4357; 1932 (37) 1441. 

§ 14-1962. Filing of damage claims ; limitation of actions thereon. 

Any person who may suffer injury to his person or damage to his property 
by reason of any acts of the county shall, before any suit therefor is com- 
menced, file with the governing board of the county a claim giving the date 
and place the injury or damage occurred, and the amount claimed must be 
made out, sworn to and filed within sixty days after the alleged injury or dam- 
age. Suit, if any, must be commenced by the service of a summons and com- 
plaint within twelve months from the date of the injury or damage. 

1942 Code § 4357; 1937 (40) 102. 

§ 14-1963. Manager to make monthly report. 

The county manager shall make a written report at the end of each month 
to the governing board and the count)' delegation showing the work per- 
formed during the month together with the expenditures therefor and shall 
upon request attend any meeting of the governing board at which the govern- 
ing board shall desire his presence. 

1942 Code § 4358; 1932 (37) 1441. 

§ 14-1964. Duties of clerk. 

The clerk to the governing board shall keep all records and books of the 
county manager and otherwise act as clerk to the manager. 
1942 Code § 4359; 1932 (37) 1441. 

300 



§ 14-1964.1 Counties § 14-1967 

§ 14-1964.1. Deposit of public funds. 

All funds of the county collected for any purpose whatsoever shall be de- 
posited in such bank or banks within the county as offer the best inducement 
therefor, after duly advertised bids, but such bank or banks shall be required 
to give and maintain an ample bond in a recognized surety company, or suffi- 
cient securities, to protect against loss on such deposit and no funds shall be 
deposited in such bank or banks until after such bond has been duly executed 
and delivered to the county treasurer by such bank or banks or satisfactory 
securities pledged as security therefor. 

1942 Code §2859-3; 1932 Code §2813; 1922 (32) 944. 

§ 14-1965. Office hours of certain county officers. 

The delinquent tax collector, the treasurer, the auditor, the judge of pro- 
bate, the clerk of court and the governing board of the count} - shall keep their 
respective offices open for the transaction of business and for the inspection 
of records in their respective offices from 9 o'clock A. M. until 1 P. M. and 
from 2:30 P. M. until 6 o'clock P. M. each and every day, Sundays and legal 
holidays excepted. Nothing herein shall prevent the keeping of such offices 
open at other periods of time than above required. Such offices may be closed 
on Saturday at 1 o'clock P. M. in the discretion of the officer of each of such 
offices. Any of the above officials failing to keep their offices open at least for 
the hours stated herein, upon conviction by a court of competent jurisdiction 
of failing so to do, shall be fined not less than ten dollars nor more than one 
hundred dollars or be imprisoned in the county jail or upon the public works 
of the county for a period of not less than five nor more than thirty days. 

1942 Code § 4361; 1933 (38) 322; 1939 (41) 465. 

§ 14-1966. Sale of real estate. 

All real property now owned or hereafter acquired by the county, except 
such as has been or may be acquired by tax sales, may be sold by the govern- 
ing board of the county in its discretion, both as to price and terms, save that 
all future payments of a remainder of a purchase price must be secured by a 
purchase money mortgage. In all such sales the deeds shall be signed by the 
chairman of the board and attested by the secretary, and there shall be in- 
corporated therein a resolution of the governing board of the county signed 
without witnesses as to such resolution by a majority of the board. 

1942 Code § 4362; 1935 (39) 63. 

§ 14-1967. Salaries for certain officers in lieu of fees. 

The following officers of the county shall be paid salaries in lieu of fees or sal- 
aries and fees as hereinafter provided : 

(1) Sheriff: The sheriff shall receive, in addition to a salary, all fees from 
the service of civil processes, witnesses in civil cases and executions. Civil 
processes shall include jury venires. 

(2) Treasurer: The treasurer shall receive a salary but the county shall pay 
to the treasurer only such proportionate part as shall remain unpaid after the 
state aid received by such officer has been applied. 

301 



§ 14-1968 Code of Laws of South Carolina § 14-1971 

1942 Code §4365; 1932 (37) 1281; 1933 (38) 108, 552; 1934 (38) 1474; 1940 (41) 1616; 
1951 (47) 506. 

§ 14-1968. Officers to collect all fees ; liability on bond. 

Each officer of the county except the county auditor, clerk of court and 
master shall collect in cash all fees provided by law and shall keep a full and 
correct itemized account thereof, which shall be accessible for inspection and 
audit at all times. The official bond of each officer shall be responsible for 
the collection of all fees and a full accounting therefor. 

1942 Code § 4365; 1932 (37) 1281; 1933 (38) 108, 552; 1934 (38) 1474: 1940 (41) 1616. 

§ 14-1969. Officers to account for and deliver to treasurer fees collected. 

At the end of each calendar month each officer of the county except the 
county auditor, clerk of court and master shall account for and deliver to the 
treasurer all fees collected during the month, and the treasurer shall keep on 
file in his office the monthly report of each office. 

1942 Code § 4365; 1932 (37) 1281; 1933 (38) 108, 552; 1934 (38) 1474; 1940 (41) 1616. 

§ 14-1970. Fees to go in general fund. 

All fees paid into the county treasury under the provisions of § 14-1969 
shall be placed by the treasurer in the general funds of the county to be used 
for general county purposes. 

1942 Code § 4365; 1932 (37) 1281; 1933 (38) 108, 552; 1934 (38) 1474; 1940 (41) 1616. 

§14-1971. Annual audit. 

The grand jury of the county shall annually contract for and secure an 
annual audit of the books of all public offices charged with the duty of col- 
lection or receipt of any funds and shall further require an inspection, re- 
port and recommendation of the records kept by all of the public officers of 
the county. The grand jury shall on or by the fall term of court in each year 
file with the clerk of court and with the governing board copies of the audit 
and report so secured and obtained, which shall be kept on file in the offices 
of the clerk and the board and shall be open for inspection at any time. The 
grand jury shall make such recommendations to the court as it shall deem 
proper. 

1942 Code § 4372; 1932 Code § 4372; 1931 (37) 329; 1932 (37) U72. 



302 



§ 14-2001 



Counties 



§ 14-2002 



CHAPTER 36. 
Georgetown County. 



Article 1. 
General Provisions. 
Sec. 

14-2001. Board of county commissioners; 
terms; removal. 

14-2002. Officers of board. 

14-2003. Commissioners to perform duties 
of supervisor. 

14-2004. General powers. 

14-200S. Custodian of public buildings. 

14-2006. Monthly meetings; majority to 
rule. 

14-2007. Quorum. 

14-200S. Compensation and mileage of com- 
missioners. 

14-2009. Bonds of county officers. 

14-2009.1. Deposit of public funds. 

14-2010. Purchase of supplies. 

14-2011. Contracts. 

14-2012. Exceeding appropriations, etc. 

14-2013. Apportionment of certain appro- 
priations. 

14-2014. Claims paid only on approved war- 
rants. 

14-2015. Claims. 

14-2016. Warrant to show appropriation on 
which drawn. 

14-2017. Record of disbursements; separate 
accounts. 

14-2018. Annual inventory required. 

14-2019. Hours offices may close. 



Article 2. 

Building Permits. 
Sec. 
14-2021. When required. 
14-2022. Application for permit. 
14-2023. Fee for permit. 
14-2024. Form of permit. 
14-2025. Copies for board of tax assessors 

and auditor; fee. 
14-2026. Display of permit. 
14-2027. Posting copies of article. 
14-2028. Penalties. 

Article 3. 

Salaries in Lieu of Fees. 

14-2031. Coroner's fee for inquests. 
14-2032. Travel mileage allowed sheriff. 
14-2033. Salaries in lieu of fees and clerk 

hire. 
14-2034. Collection of fees in advance. 
14-2035. Accounting for fees collected. 

Article 4. 

Sinking Funds. 

14-2041. Sinking funds to be invested. 
14-2042. Approval of investments. 
14-2043. Lists of investments. 
14-2044. Clerk to keep bonds in safety de- 
posit box. 



Article 1. 

General Provisions. 

§ 14-2001. Board of county commissioners ; terms ; removal. 

The board of commissioners of Georgetown County shall be composed of 
seven members who shall be appointed by the Governor upon the recommenda- 
tion of the Senator and at least one member of the House of Representatives 
from the county and who shall serve for two years and until their respective 
successors are appointed and qualified. Two of the members shall be appointed 
from the Rose Mary High School District; two from the Pleasant Hill High 
School District ; two from the Winyah High School District ; and one mem- 
ber shall be selected from the count) - at large. Any member shall be removed 
by the Governor upon the written request of the Senator and at least one mem- 
ber of the House of Representatives from the county. 

1942 Code § 4374; 1932 Code § 4374; 1925 (34) 216; 1926 (34) 926; 1931 (37) 85; 1933 
(38) 220; 1949 (46) 4. 

§14-2002. Officers of board. 

The county board of commissioners shall, immediately after qualifying, 

303 



§ 14-2003 Code of Laws of South Carolina § 14-2009 

meet and organize by electing one of their number as chairman and another 
as vice-chairman and may elect or employ a clerk who shall be subject to re- 
moval at any time at the discretion of the commissioners. 

1942 Code § 4376; 1932 Code § 4376; 1925 (34) 216; 1926 (34) 926; 1931 (38) 85; 1949 
(46) 11. 

§ 14-2003. Commissioners to perform duties of supervisor. 

The office of county supervisor for the county having been abolished, the 
county commissioners of the county shall perform all the duties provided for 
by law to be performed by the county supervisor, without extra compensa- 
tion. 

1942 Code § 4373; 1932 Code § 4373; Civ. C. '22 § 1545; 1920 (31) 1096; 1926 (34) 906. 

§ 14-2004. General powers. 

The county board of commissioners shall have jurisdiction over the roads, 
bridges, ferries and all county affairs. 

1942 Code § 4375: 1932 Code § 4375; 1925 (34) 216; 1931 (37) 85. 

§ 14-2005. Custodian of public buildings. 

The board shall also act as custodian of the courthouse and all other county 
public buildings, assigning office spaces to the different officers of the county. 

1942 Code § 4375; 1932 Code § 4375; 1925 (34) 216; 1931 (37) 85. 

§ 14-2006. Monthly meetings; majority to rule. 

The county board of commissioners shall hold regular meetings on the first 
Tuesday after the first Monday in each month of the year, at the county court- 
house, for the transaction of business. In all matters regarding the county 
affairs a majority of the county commissioners shall rule and be binding. 

1942 Code § 4383; 1932 Code § 4383; 1925 (34) 216; 1931 (37) 86. 

§ 14-2007. Quorum. 

A majority of the board shall be a quorum for the transaction of all busi- 
ness. 

1942 Code § 4375; 1932 Code § 4375; 1925 (34) 216; 1931 (37) 85. 

§ 14-2008. Compensation and mileage of commissioners. 

Each of the commissioners shall receive a per diem as compensation for 
his services and five cents per mile for actual travel for each day in actual 
attendance upon the meetings of the board not to exceed twenty days in 
any year, and no commissioner shall receive such per diem unless he was 
in actual attendance upon a meeting of the board. 

1942 Code §4384; 1932 Code §4384; 1925 (34) 216; 1931 (37) 86; 1951 (47) 506. 

§14-2009. Bonds of county officers. 

All the county officers shall give bond for the faithful performance of the 
duties of their respective offices in some bonding company in good standing, 

304 



§ 14-2009.1 Counties § 14-2012 

doing business in this State, such bonds to be approved in the manner provided 
by law, the premiums of such bonds to be paid by the county. 
1942 Code § 4397; 1932 Code § 4397; 1924 (33) 1160; 1933 (38) 224. 

§ 14-2009.1. Deposit of public funds. 

All funds of the county shall be deposited by the custodian in such bank 
or depository as shall be designated by a board consisting of the county treas- 
urer, the chairman of the board of county commissioners, the county attorney, 
the State Senator and the clerk of court, or a majority of them, under such 
regulations, restrictions and provisions, if any, as they may prescribe. By 
and with the approval of such board, the county treasurer may purchase 
securities to safeguard any funds of the county. All securities purchased or 
held in trust by the county treasurer for the purpose of safeguarding county 
funds shall be approved by such board. The board shall be custodian of 
such securities and shall procure a safety deposit box in some bank or banks 
in this State and keep a list of all deposits and withdrawals, a list to be fur- 
nished, whenever any deposits or withdrawals are made, to the county treas- 
urer and the county board of commissioners. The county treasurer and the 
county board of commissioners shall keep a record of such lists for their in- 
formation at all times and the county commissioners shall place them in their 
minute book as a record. 

The provisions of this section shall apply to all funds held by any public 

official of the county, whether they have accrued from the collection of taxes 

or from the sale of obligations of the county or otherwise. All authorizations 

and approvals granted shall be in writing, a copy of which shall be filed with 

the county treasurer and the board of county commissioners and the county 

commissioners shall have them placed in their minute book as a record. But 

the clerk of court of the county may deposit moneys in the South Carolina 

National Bank of Georgetown without obtaining any security therefor if such 

deposits shall not exceed two thousand dollars at any one time. 

1942 Code §2860-4; 1932 Code §2815; 1925 (34) 271; 1926 (34) 924; 1932 (37) 1131, 
1425; 1933 (38) 18; 1938 (40) 1559; 1940 (41) 1686. 

§14-2010. Purchase of supplies. 

All supplies of every description whatever to be used by the county or any 
officer of any department thereof and paid for out of the public funds shall 
be purchased by the board of county commissioners. 

1942 Code §4385; 1932 Code §4385; 1925 (34) 216; 1931 (37) 86. 

§ 14-2011. Contracts. 

All contracts let by the board for any amount exceeding twenty dollars shall 
be let by competitive bid. 

1942 Code § 4394; 1932 Code § 4394; 1925 (34) 216; 1931 (37) 88. 

§ 14-2012. Exceeding appropriations, etc. 

The board of county commissioners shall not draw any warrant upon the 
county treasurer to be paid out of any of the several funds specifically appro- 
[2SCCode] — 20 305 



§ 14-2013 Code of Laws of South Carolina § 14-2017 

priated for any purpose other than that for which the same shall have been 
so appropriated, and it shall be unlawful for the county treasurer to pay any 
such prohibited warrant. It shall be unlawful for the board of county commis- 
sioners, or any member thereof, to create, by contract, express or implied, any 
obligation against the county which, with the obligations then existing and 
chargeable to any particular item of appropriation, shall exceed the amount 
specifically appropriated therefor; provided, that in case of an emergency, with 
the written consent of the Senator and at least one member of the House of 
Representatives, this requirement shall be dispensed with. 

Should the board of county commissioners or any member thereof violate 
the provisions of this section, the claim resulting therefrom shall be null and 
void as against the county, and the officer offending shall be held responsible 
to the claimant therefor upon his official bond. 

1942 Code § 4389; 1932 Code § 4389; 1925 (34) 216; 1926 (34) 926; 1931 (37) 87. 

§ 14-2013. Apportionment of certain appropriations. 

The board of county commissioners shall so apportion the appropriation for 
maintenance of convicts and road working organizations as to cover the total 
expenses on account of these items for the entire fiscal year for which they 
may be respectively appropriated. 

1942 Code § 4389; 1932 Code § 4389; 1925 (34) 216; 1926 (34) 926; 1931 (37) 87. 

§ 14-2014. Claims paid only on approved warrants. 

No claim of any kind of indebtedness against the county shall be paid by 
any officer or employee of the county except upon a regularly issued warrant 
duly approved by the board of county commissioners and signed by the chair- 
man and countersigned by the clerk of the board. 

1942 Code § 4389; 1932 Code § 4389; 1925 (34) 216; 1926 (34) 926; 1931 (37) 87. 

§ 14-2015. Claims. 

All claims and invoices before being paid shall be approved by a majority 
of the board of county commissioners. After being approved, warrants cov- 
ering such claims and invoices shall be mailed. All invoices and claims shall 
be filed numerically by the clerk, and an index book shall be kept showing both 
name and number. 

1942 Code § 4390: 1932 Code § 4390; 1931 (37) 87. 

§ 14-2016. Warrant to show appropriation on which drawn. 

The board of county commissioners shall state upon each warrant drawn 
upon the county treasurer the item of appropriation in the county supply act 
on account of which it shall have been drawn. 

1942 Code § 4391; 1932 Code § 4391; 1925 (34) 216; 1931 (37) 87. 

§ 14-2017. Record of disbursements ; separate accounts. 

The board of county commissioners shall have the clerk of the board keep 
a clear and concise record of all payments made through their office, keeping 
separate accounts for the chain gang, for each of the forces employed by the 

306 [2SCCode] 



§ 14-2018 Counties § 14-2022 

county, for all work done by contract, for bridge work, for equipment pur- 
chased and for a general account. Such accounts shall be kept in such a 
manner as to show clearly the transactions covered thereby. 
1942 Code § 4392; 1932 Code § 4392; 1925 (34) 216; 1931 (37) 87. 

§ 14-2018. Annual inventory required. 

The board shall require the clerk to take at least once a year an inventory 
of all personal property owned by the county, such as teams and road working 
equipment, tools and supplies for chain gang and for all other departments. 
The office record shall show at all times in whose possession such property 
should be, and the party having the same shall be supplied with a list of the 
property in his hands and shall be required to furnish to the county commis- 
sioners at the end of each month a complete inventory thereof. 

1942 Code § 4386; 1932 Code § 4386; 1925 (34) 216; 1931 (37) 86. 

§ 14-2019. Hours offices may close. 

The clerk of court and all other public officers of Georgetozvn County may 
close their offices from one o'clock P. M. until the following morning for one 
business day during each week from May 1st to September 1st of every year. 
But otherwise the offices in the courthouse of Georgetown County shall be 
kept open during such hours as the various officers of the county shall 
deem necessary in the public interest. 

1942 Code §§4035-2, 4186; 1931 (37) 390; 1933 (38) 131; 1937 (40) 407. 

Article 2. 
Building Permits. 

§ 14-2021. When required. 

It shall be unlawful to erect, construct, improve or alter any building or part 
of a building in the county, outside the corporate limits of any incorporated 
city, town or other municipality in said county which by ordinance prescribes 
building permits, when the cost of such erection, construction, improvement 
or alteration exceeds one hundred dollars, without first having obtained from 
the magistrate in whose territorial jurisdiction the building is located or is 
to be located a written permit for such erection, construction, improvement 
or alteration. But the provisions of this section shall not be applicable to rou- 
tine upkeep or repair of manufacturing or industrial plants. 

1950 (46) 1960. 

§ 14-2022. Application for permit. 

In order to secure such a written permit, application in writing shall be 
made to and filed with the magistrate authorized by § 14-2021 to issue the 
permit. The application shall contain the specifications and plans and the 
cost of such erection, construction, improvement or alteration. 

1950 (46) 1960. 

307 



§ 14-2023 Code of Laws of South Carolina § 14-2026 

§ 14-2023. Fee for permit. 

Each applicant at the time of securing any permit shall pay to the magistrate 
an inspection and permit fee of fifty cents for each building covered in the 
permit. The magistrate shall retain such fees to cover the cost of issuing 
permits and any and all other expenses in connection with the enforcement of 
this article. 

1950 (46) 1960. 

§ 14-2024. Form of permit. 

Upon the filing with the magistrate of such an application he shall issue a 
permit in the following form, to-wit : 

"This permit is void 12 months from date of issue or with- 
out signature of the Magistrate of District. 

County of Georgetown, S. C. 
Office of 

Magistrate of 

Building Permit No 

Date , 19 . . . 

Plans and specifications having been filed in this office by 

this permit is therefore issued for the 

(repair ) of a 

(construction) 
( installation ) 

described as follows : Location 

School District # : name of owner of land 

: Name of Contractor 

Material ; No. of stories Character 

of Roof ; Cost $ : Date 

of completion ; Fee $ Received 



Magistrate." 
19S0 (46) 1960. 

§ 14-2025. Copies for board of tax assessors and auditor ; fee. 

The magistrate issuing any such permit shall deliver to the county board 
of tax assessors and also to the county auditor within five days copies of the 
permit so issued. 

1950 (46) 1960. 

§ 14-2026. Display of permit. 

The permit when issued shall be kept at the building or place where such 
construction, erection, improvement or alteration is being done and on de- 
mand shall be produced by the person in charge of such work for inspection 
by any police officer or any member of the county board of tax assessors. It 
shall be unlawful to continue the work after any such demand unless and 
until the permit is produced for such inspection. 

1950 (46) 1960. 

308 



§ 14-2027 Counties § 14-2034 

§ 14-2027. Posting copies of article. 

Each magistrate in the portions of the county affected by this article shall 
post and keep posted a copy of this article in his office and in two other public 
places in his district. 

1950 (46) 1960. 

§ 14-2028. Penalties. 

Any person violating any of the provisions of this article shall be guilty 
of a misdemeanor and upon conviction thereof shall be subject to a fine not 
exceeding twenty-five dollars nor less than five dollars or imprisonment not 
exceeding ten nor less than three days. In case of violation of the provisions 
of § 14-2021 each day that such violation is continued shall constitute a sep- 
arate offense. 

1950 (46) 1960. 

Article 3. 
Salaries in Lieu of Fees. 

§ 14-2031. Coroner's fee for inquests. 

The coroner, in addition to his salary, shall receive ten dollars for each 
inquest held. 

1942 Code §4398; 1932 (37) 1119, 1459; 1933 (38) 38; 1934 (38) 1608; 1951 (47) 506. 

§ 14-2032. Travel mileage' allowed sheriff. 

In addition to the fees herein allowed the sheriff for serving legal civil proc- 
esses, he shall receive five cents per mile for actual travel in serving legal 
processes except that such mileage shall be paid for serving tax executions 
and warrants or other criminal process only when served outside of the county. 
The sheriff shall pay over to the county treasurer monthly, to be placed in 
the general fund of the county, all mileage received for serving tax executions 
within the county. 

1942 Code § 4398; 1932 (37) 1119, 1459; 1933 (38) 38; 1934 (38) 1608. 

§ 14-2033. Salaries in lieu of fees and clerk hire. 

The clerk of court, county auditor, county treasurer, probate judge and sher- 
iff shall receive salaries which shall be in lieu of all other fees or compensation 
either directly or indirectly from the county or State. Such salaries shall also 
be in lieu of all clerk hire. 

1942 Code §4398; 1932 (37) 1119, 1459; 1933 (38) 38; 1934 (38) 1608; 1950 (46) 2376 

§ 14-2034. Collection of fees in advance. 

The fees provided for by law for the various services of such officers in 
each office, including, without limiting the generality hereof, recording and 
other similar services, shall be collected in advance except fees for recording 
judgments and pleadings. But the clerk of court shall not enter up any judg- 
ment in any default case unless the costs of such case as taxed by him are 
paid in full. And the clerk shall not enter up judgment in any litigated case 

309 



§ 14-2035 Code of Laws of South Carolina § 14-2043 

unless the cost as taxed by him be either paid or secured by a bond approved 
by him. But when a judgment or decree provides for the sale of real estate 
by the clerk or sheriff, the clerk may enter up judgment without payment 
or security for cost. 

1942 Code § 4398; 1932 (37) 1119, 1459; 1933 (38) 38; 1934 (38) 1608. 

§ 14-2035. Accounting for fees collected. 

All fees collected by any officer under a law requiring such fees to be col- 
lected shall be turned over to the county treasurer monthly, together with a 
statement from such officer properly verified showing the amounts collected 
by him during the preceding month and also fees accruing to the office and 
not collected. A copy of such report shall be filed with the governing body of 
the county at the same time it is filed in the treasurer's office and the govern- 
ing body shall not pay any salary of any county officer who fails to file such 
report. Any officer failing to comply with any of the provisions of this article 
shall be served immediately with written notice by the governing body of the 
county demanding such report and if within ten days after the service of such 
written notice the officer has failed to file the report he shall be removed from 
his office by the Governor upon request of the county legislative delegation. 

1942 Code §4398; 1932 (37) 1119, 14S9; 1933 (38) 38; 1934 (38) 1608; 1950 (46) 2376. 

Article 4. 
Sinking Funds. 

§ 14-2041. Sinking funds to be invested. 

All sinking funds of the county and funds received from the State Highway 
Commission through reimbursement contracts shall be invested in bonds by 
the treasurer of the count}' or any other officer or person who has any control 
of such sinking funds of the county. Such bonds shall be bonds of the state or 
some political subdivision thereof. But so much of such sinking funds or 
reimbursement contract funds as will be necessary to take up any bonds of 
the county coming due within the next twelve months after the receipt of such 
funds are hereby excepted from being invested as herein provided. 

1942 Code § 4396; 1932 Code § 4396; 1929 (36) 88. 

§ 14-2042. Approval of investments. 

Investments of all sinking funds and reimbursement contracts provided for 
in § 14-2041 shall be made by the county treasurer or other officer having such 
funds in his possession only after having obtained written approval by the 
board appointed under and pursuant to § 14-2009.1 to approve collateral to be 
accepted by the county commissioners for deposits in banks; provided, that 
with the approval of the county legislative delegation a part of the above 
funds may be invested in county notes. 

1942 Code § 4396; 1932 Code § 4396; 1929 (36) 88. 

§ 14-2043. Lists of investments. 

All bonds received for the investment of such sinking funds shall be listed, 

310 



§ 14-2044 



Counties 



§ 14-2044 



showing the total amount of bonds and for what funds they were purchased. 
Copies of such lists shall be furnished the clerk of the court, the county com- 
missioners and the legislative delegation of the county. 
1942 Code § 4396; 1932 Code 8 4396; 1929 (36) 88. 

§ 14-2044. Clerk to keep bonds in safety deposit box. 

All bonds received pursuant to § 14-2041 shall be turned over to the clerk 
of the court of the county, who shall be custodian of the same, and shall be 
kept in a safety deposit box in some bank of the county. 

1942 Code § 4396; 1932 Code § 4396; 1929 (36) 88. 



CHAPTER 37. 
Greenville County. 



Article 1. 
Supervisor. 



Sec. 
14-2051. 
14-2052. 



Election of supervisor. 
Clerk of supervisor. 
14-2053. Annual inventory of county sup- 
plies, etc. 
14-2054. Marking of county property. 
14-2055. Salary withheld for noncompliance 

with certain sections. 
14-2056. Quarterly statements of supervi- 
sor. 

Article 2. 

County Board of Commissioners. 

14-2061. Composition of board; vacancies. 
Compensation. 



14-2062 
14-2063 



Organization and rules and regu- 
lations. 

14-2064. Meetings. 

14-2065. Clerical assistance. 

14-2066. General powers of board. 

14-2067. When board to act in an advisory 
capacity. 

14-2068. Approval of board for issuance of 
notes, bonds, etc. 

14-2069. Members not to act when inter- 
ested in subject of action. 

14-2070. Action by legislative delegation. 

Article 3. 
County Attorney. 
14-2081. Election, term and duties. 

Article 4. 
County Buildings. 

14-2091. County courthouse. 



Sec. 
14-2092. County office building. 
14-2093. Control and maintenance. 
14-2094. Parking areas. 
14-2095. Control of county jail. 
14-2096. Wages of employees working on 

certain public buildings. 
14-2097. Board to determine prevailing 

wage scale. 
14-2098. Payment of expenses. 

Article 5. 
Certain Officers on Salaries in Lieu of Fees. 



14-2101. 
14-2102. 

14-2103. 
14-2104. 

14-2105. 
14-2106. 
14-2107. 



14-2111. 

14-2112. 

14-2113. 
14-2114. 

14-2115. 

14-2116. 
14-2117. 



Officers affected. 

Officers to collect fees and account 
for same. 

Liability on bonds for collections. 

Prerequisites to payment of sala- 
ries. 

Forms; statements public records. 

Penalties. 

Issue and service of certain papers 
without charge. 

Article 6. 
Purchases. 

Purchases to be on requisition to 
county commissioners. 

When advertisement for bids re- 
quired. 

Preference to local suppliers. 

Legislative delegation to decide 
disputes as to purchases. 

Records of purchases furnished 
supervisor. 

Purchases by supervisor. 

Record of such purchases. 



311 



§ 14-2051 



Code of Laws of South Carolina 



§ 14-2053 



Article 7. 
Appropriations. 
Sec. 

14-2121. Warrants to show fund on which 
drawn. 

14-2122. Supervisor not to exceed quarterly 
one-fourth of annual appropri- 
ations. 

14-2123. Disposition of income not appro- 
priated. 

14-2124. Appropriations not to be exceeded. 

14-2125. Same; exceptions for emergencies. 

14-2126. Liability of individuals for exceed- 
ing appropriations. 

14-2127. Contractors to ascertain status of 
appropriations. 

14-2128. Reduction of amounts appropri- 
ated. 

14-2129. Unexpended appropriations. 

14-2130. Use of income from indirect 
sources. 

Article 8. 
Sinking Fund Commissions. 

14-2141. County commission. 

14-2142. Membership; terms. 

14-2143. Vacancies; removal from office. 

14-2144. Organization. 

14-2145. Expenses and assistance of mem- 
bers. 

14-2146. Deposit and withdrawal of funds. 

14-2147. Registration and transfer of bonds, 
etc. 

14-2148. Investments. 

14-2149. Approval of investments. 



Sec. 
14-2150. Collections. 
14-2151. Treasurer's records. 
14-2152. Payment of bonds and interest; 

fiscal agent. 
14-2153. Other sinking fund commissions. 

Article 9. 
Other Financial Matters. 

14-2161. Levy of taxes to take care of loss 
of direct revenue. 

14-2162. Certain employees to furnish 
bonds. 

14-2163. Amounts of bonds of certain offi- 
cers. 

14-2164. Salaries in full payment of all 
claims. 

14-2165. Fines and license book of auditor. 

14-2166. Loans from State sinking fund. 

14-2167. Bond record. 

14-2168. Entry in record prerequisite to va- 
lidity of bonds. 

14-2169. Blank. 

14-2170. County bookkeeper. 

14-2171. Officials to transmit copies of ac- 
counts to bookkeeper. 

14-2172. Auditor to examine books month- 
ly. 

14-2173. Monthly reports on finances to leg- 
islative delegation. 

14-2174. Quarterly statements for delega- 
tion. 

14-2175. Quarterly statements to supervi- 
sor. 

14-2176. Annual audit. 

14-2177. Annual settlement of auditor. 



Article 1. 
Supervisor. 

§ 14-2051. Election of supervisor. 

The supervisor of Greenville County shall be elected at the general election 
for state and county officers in the year 1952. His term shall begin on Jan- 
uary 1 1953 and continue for four years. And at each alternate general elec- 
tion thereafter a similar election shall be held. 

1942 Code § 4407; 1932 Code § 4407; Civ. C. '22 § 1562; 1915 (29) 66. 

§ 14-2052. Clerk of supervisor. 

The supervisor shall appoint a clerk, who shall be removable at his pleasure. 
1942 Code § 4411; 1932 Code § 4411; Civ. C. '22 § 1566; 1916 (29) 66. 



§ 14-2053. Annual inventory of county supplies, etc. 

The supervisor shall by August 1st of each year make an inventory of all 
county supplies, equipment, tools, machinery, cars and trucks and other prop- 
erty under his control and used by his office, designating therein the kind 

312 



§ 14-2054 Counties § 14-2063 

of machinery, cars and trucks, the models thereof with serial numbers and/or 
motor numbers, the dates of purchase and the condition thereof, such in- 
ventory to be filed with the county board of commissioners. 
1944 (43) 1304. 

§ 14-2054. Marking of county property. 

The supervisor shall mark all of such equipment, machinery, cars and trucks 
"Greenville County," showing the same to be the property of the county, so 
that the same may be publicly identified. 

1944 (43) 1304. 

§ 14-2055. Salary withheld for noncompliance with certain sections. 

The board of county commissioners shall withhold the salary of the super- 
visor in the event of his noncompliance with the provisions of §§ 14-2053 and 
14-2054 after the lapse of a reasonable period of time for compliance herewith. 

1944 (43) 1304. 

§ 14-2056. Quarterly statements of supervisor. 

The county supervisor shall, under oath, prepare and publish in one issue 
of a newspaper published at the county seat, quarterly, a condensed state- 
ment of all receipts and disbursements by funds or departments, together 
with a statement of the balance of cash on hand and the amount of the county's 
indebtedness, if any, and at what rate of interest contracted. The original 
of such statement shall be filed in the office of the clerk of the court of said 
county as a permanent county record. 

1942 Code § 3826; 1932 Code § 3826; Civ. C. '22 § 1066; 1915 (29) 449; 1920 (31) 1001; 
1922 (32) 968. 

Article 2. 

County Board of Commissioners. 

§ 14-2061. Composition of board ; vacancies. 

The county board of commissioners of the county shall be composed of 
the three present members who have been appointed by the Governor upon 
recommendation by the county legislative delegation and who shall hold 
office at the pleasure of said delegation. Any vacancy in the membership of 
said board shall be filled in the manner above prescribed. 

The Governor shall issue commissions to those persons hereafter appointed 
as members of the board of commissioners. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2062. Compensation. 

No member of the board shall receive any remuneration for his services 
as a member. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2063. Organization and rules and regulations. 

The commissioners shall effect their own organization and make rules 

313 



§ 14-2064 Code of Laws of South Carolina § 14-2067 

and regulations governing their own officials and the officials and admin- 
istration of the departments of the county's government touching any of its 
business and financial affairs, upon and after approval by the legislative dele- 
gation of the county. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2064. Meetings. 

The board shall hold stated meetings at least once a month and such addi- 
tional meetings as shall be necessary properly and efficiently to control and 
manage the county's affairs and to carry out the functions of their office. It 
shall keep minutes of its meetings. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2065. Clerical assistance. 

The board may employ a full-time business secretary and other clerical 
assistants whose salary or salaries shall be fixed by the county legislative 
delegation. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2066. General powers of board. 

The board shall have supervisory control of all the business and financial 
affairs of the county, including the designation of the depositories of all 
county funds and including the approval or disapproval of all expenditures 
of county funds. But if the commission disapproves of any expenditure of 
the county funds the legislative delegation may review such disapproval and 
its written decision shall be final and conclusive. The board shall execute 
and carry out the business and financial affairs of the county as directed or 
provided for by the county legislative delegation. 

1942 Code § 4442; 1937 (40) 596. 

The board of county commissioners is purpose indicates that this board is consti- 

the representative and guardian of the coun- tuted as the executive head of Greenville 

ty, having the management and control of County, with authority to administer the 

its property and financial interest, and hav- executive affairs of the county. Ex parte 

ing original and exclusive jurisdiction over Greenville County, 190 S. C. 188, 2 S. E. 

all matters pertaining to county affairs. (2d) 47 (1938). 

Ex parte Greenville County, 190 S. C. 188, The institution of legal proceedings by a 

2 S. E. (2d) 47 (1938). county must of necessity be authorized by 

The provisions of this section clothe the the county board of commissioners. Ex 

board of commissioners with broad execu- parte Greenville County, 190 S. C. 188, 2 

tive powers, and the language used for this S. E. (2d) 47 (1938). 

§ 14-2067. When board to act in an advisory capacity. 

The board shall confer with the county legislative delegation as often as 
may be necessary and shall act as an advisory board to the various officials 
of the county and the school trustees of the several school districts in the 
county. 

1942 Code § 4442; 1937 (40) 596. 

314 



§ 14-2068 Counties § 14-2081 

§ 14-2068. Approval of board for issuance of notes, bonds, etc. 

No notes, bonds or other evidence of indebtedness, except bank checks or 
drafts, shall be binding upon any school district or political subdivision of 
the county unless the same are approved by the county board of commission- 
ers by resolution adopted by a majority of the county board of commissioners 
at a duly called meeting of the board. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2069. Members not to act when interested in subject of action. 

No member of the board shall ever participate directly or indirectly in ne- 
gotiations relating to, or in the determination of, any matter or thing in which 
his personal interest would be served by any particular decision on account 
of relationship, enterprise, business, location or otherwise. Any violation of 
this section shall operate as a forfeiture of office and the appointment of any 
such member of the board shall be revoked by the Governor on written report, 
signed by a majority of the county legislative delegation, that such member 
has violated this section. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2070. Action by legislative delegation. 

Action by the county legislative delegation under the terms of this article 
shall be by a majority vote of the delegation, including the Senator, and in a 
meeting duly called and assembled. 

1942 Code § 4442; 1937 (40) 596. 

Article 3. 

County Attorney. 

§ 14-2081. Election, term and duties. 

At the general election for state and county officers in the year 1954 there 
shall be elected a successor to the present attorney for the county whose term 
shall begin on January 1 1955 and continue for four years. In each alternate 
general election thereafter a similar election shall be held. The county attor- 
ney shall represent the county and all of its officers in all matters relating to 
the county and shall have control of its litigation. He shall give such officers 
advice when called upon, and they shall go to him for advice. Such attorney 
shall represent the political subdivisions of the county. It shall be unlawful 
for the attorney to receive extra compensation other than his salary. But it 
shall not be the duty of the attorney to investigate or abstract titles, nor 
shall it be his duty to pass on bond issues. 

1942 Code §4441; 1938 (40) 1895; 1951 (47) 506. 

By the provisions of this section, the vests in the county attorney the power or 

conventional relation of client and attorney authority to institute an action in the name 

is established between Greenville County of the county upon his own initiative, with- 

and the county attorney. Ex parte Green- out consulting the governing board of the 

ville County, 190 S. C. 188, 2 S. E. (2d) county, and without its consent or instruc- 

47 (1938). tion thereabout. Ex parte Greenville Ccun- 

But it neither expressly nor impliedly ty, 190 S. C. 188, 2 S. E. (2d) 47 (1938). 

315 



§ 14-2091 Code of Laws of South Carolina § 14-2096 

The appearance of the county attorney thrown beyond question when the county 

in a case is presumptive evidence of his attorney states in open court that he has 

authority to represent the county for which no authority from the county commis- 

he appears, but this is a rebuttable pre- sioners. Ex parte Greenville County, 190 

sumption, and this presumption is over- S. C. 188, 2 S. E. (2d) 47 (1938). 

Article 4. 
County Buildings. 

§ 14-2091. County courthouse. 

The new courthouse building on North Street in the city of Greenville is 
hereby declared to be the official courthouse of the county and shall be known 
as the "Greenville County Court House." 

1950 (46) 2008. 

§ 14-2092. County office building. 

The old courthouse building shall no longer be used as a courthouse build- 
ing but shall be used as an office building to house agencies and departments 
of the county and shall be known as the "Greenville County Office Building." 

1950 (46) 2008. 

§ 14-2093. Control and maintenance. 

The county board of commissioners is hereby charged with the entire cus- 
tody, control, supervision and maintenance of the Greenville County Court 
House and the Greenville County Office Building and all appurtenances there- 
to. The county board of commissioners may employ superintendents, helpers, 
elevator operators and such other personnel as may be necessary in the opera- 
tion and maintenance of the facilities of these two buildings, subject to such 
directions and such appropriations as may be provided in the annual county 
supply act. 

1950 (46) 2008. 

§ 14-2094. Parking areas. 

The county board of commissioners shall divide and allocate the parking 
space in and about the grounds belonging to the Greenville County Court 
House and the Greenville County Office Building. 

1950 (46) 2008. 

§14-2095. Control of county jail. 

The board of county commissioners shall have full and complete charge 
and management of the county jail. 

1942 Code § 4446; 1935 (39) 246. 

§ 14-2096. Wages of employees working on certain public buildings. 

When county funds are used for the construction or repair of any pub- 
lic building in the county the employees engaged in the work thereon shall 
be paid the prevailing wage scale of the county. But this section shall not 
apply to the construction or repair of public buildings by or for any political 

316 



§ 14-2097 Counties § 14-2102 

subdivision of the county, to the construction or repair of any building which 
may be financed in whole or in part by Federal grants or Federal funds, to any 
such repair or construction when the estimated cost does not exceed fifty 
thousand dollars or to the repair of the Greenville County Office Building. 
1950 (46) 2501. 

§ 14-2097. Board to determine prevailing wage scale. 

The county board shall make such investigation and hold such hearings as 
necessary to determine what the prevailing wage scale of Greenville County 
is prior to the offer for bids for the construction or repair of any public 
building and prior to making of bids the contractors may obtain from the 
county board the prevailing wage scale which will be paid for such construc- 
tion or repair. 

1950 (46) 2501. 

§ 14-2098. Payment of expenses. 

The county board may expend from the funds held by the county treasurer 
such sums as are necessary to investigate and hold hearings to determine the 
prevailing wage scale. 

1950 (46) 2501. 

Article 5. 
Certain Officers on Salaries in Lieu of Fees. 

§14-2101. Officers affected. 

In lieu of the retention of all fees, costs and charges and of any and all 
other sums heretofore or now paid the treasurer, auditor, clerk of court, pro- 
bate judge, master, register of mesne conveyances and sheriff of the county 
on account of compensation or otherwise, said officers shall be paid such sal- 
aries as may be prescribed by the General Assembly and annually appropri- 
ated by it for such purpose and shall have such clerical or other assistance 
as may be provided. 

1942 Code § 4405; 1938 (40) 1542; 1939 (41) 209. 

§ 14-2102. Officers to collect fees and account for same. 

Such officers shall separately keep in duplicate accurate and complete 
itemized accounts of all fees collected, which shall be collected in cash in 
advance, except for fees for or in connection with judicial sales and except 
that reasonable credit terms may be extended to the governments of the 
United States and the State of South Carolina and any department or sub- 
division of either, including a city. On or before the tenth day of each calen- 
dar month such officers shall deliver one copy of such account sworn to by 
the officers, respectively, to the treasurer of the county, together with pay- 
ment to the treasurer in full of all fees, costs and charges collected during the 
preceding calendar month; provided that the master and the judge of probate 
of Greenville County shall not be required to collect cash in advance as set forth 
herein. 

1942 Code §4405; 1938 (40) 1542; 1939 (41) 209. 

317 



§ 14-2103 Code of Laws of South Carolina § 14-2107 

§ 14-2103. Liability on bonds for collections. 

The official bonds of such officers shall be responsible for any failure to 
collect and pay such fees to the county treasurer. 

1942 Code § 4405; 1938 (40) 1542; 1939 (41) 209. 

§ 14-2104. Prerequisites to payment of salaries. 

Upon the filing of such sworn, itemized statement and it appearing cor- 
rect in form to the treasurer and the payment of the sum thereby shown to 
be due having been made, the treasurer shall certify to the county supervisor 
that such officer has complied with the provisions of § 14-2102 and until re- 
ceipt of such certificate the supervisor shall not pay to any such county officer 
his salary for the preceding month. 

1942 Code § 4405; 1938 (40) 1542; 1939 (41) 209. 

§ 14-2105. Forms; statements public records. 

The forms for the account and statement and the certificate required by 
§§ 14-2102 and 14-2104 may be prescribed and furnished by the county treas- 
urer, and each officer required to keep and submit the same shall retain one 
copy of each monthly statement as a permanent public record of his office. 
The treasurer shall likewise preserve as a permanent record of his office the 
sworn monthly statement submitted to him by each officer, filed in an orderly 
manner and readily accessible. 

1942 Code § 4405; 1938 (40) 1542; 1939 (41) 209. 

§ 14-2106. Penalties. 

Violation of any of the provisions of §§ 14-2101 to 14-2105 by any officer of 
the county shall constitute misfeasance in office and ground for removal there- 
from and shall be a misdemeanor. Upon conviction thereof any officer so con- 
victed shall be subject to a fine not exceeding one thousand dollars or imprison- 
ment for not exceeding one year, or both, in the discretion of the court. 

1942 Code § 4405; 1938 (40) 1542; 1939 (41) 209. 

§ 14-2107. Issue and service of certain papers without charge. 

Any process, writ, summons or other paper issuing out of any court of the 
county at the instance of the county or institution, bureau or agency thereof 
shall be served by the sheriff of the county or by his deputies. No fees, costs 
or other charges shall be made by any such officer for the performance of any 
such duty or for the entry of record in his office of any such paper or process. 
Nor shall any officer of the county charge or collect any fees or costs for is- 
suing any such process, writ, summons or other paper or for recording any 
such paper or process. Nothing, however, in this section shall be construed to 
prevent the taxation in favor of the county or any institution, bureau or agency 
thereof of any costs or fees ordinarily taxable against any party to a cause. 
All such taxable fees and costs shall inure to the benefit of the county or the 
bureau, agency or other institution involved in the action or special pro- 
ceeding. 

1951 (47) 248. 

318 



§14-2111 Counties §14-2114 

Article 6. 
Purchases. 

§ 14-2111. Purchases to be on requisition to county commissioners. 

The purchase of any equipment, material, supplies, goods, wares, merchan- 
dise, services or anything whatsoever needed and used for county purposes and 
any expenditures of moneys of and for any department of the county shall 
be made and done by the active managing department head or officer of the 
department needing such supplies or services or expending such money. Be- 
fore contracting for the purchase of any such equipment, material, supplies, 
goods, wares, merchandise or services, however, such department head or 
officer shall make requisition upon the county board of commissioners for 
the proposed purchase and, upon approval of the requisition, such department 
head or officer may contract for the purchase thereof. 

1944 (43) 1304. 

§ 14-2112. When advertisement for bids required. 

All purchases and expenditures shall be made after due advertisement for 
bids in at least two issues of some newspaper of general circulation in the 
county, giving reasonable notice and asking for bids for such equipment, mate- 
rial, supplies, goods, wares, merchandise or services as may be needed, and the 
order shall be placed with the lowest responsible bidder, except that the super- 
visor of the county shall not be required, in the purchase of machines, to 
accept the lowest bid but may exercise his discretion in the purchase of all ma- 
chinery. But any such department head or officer ma)- reject any or all bids 
and, when a majority of the county board of commissioners shall deem it to 
be to the best interests of the county and shall so state in writing, such pur- 
chases or placing of orders may be made by the various department heads or 
officers of the county privately, without advertisement. 

1944 (43) 1304. 

§ 14-2113. Preference to local suppliers. 

When such purchasing or placing of orders is made, the equipment, material, 
goods, wares, merchandise or services needed shall be purchased from firms 
or individuals within the county whenever such firms or individuals are re- 
liable and offer equipment, material, goods, wares, merchandise or services 
of equal quality and specifications with like goods from outside of the county 
and at a price equal to or less than the price submitted by such nonresident 
bidders. 

1944 (43) 1304. 

§ 14-2114. Legislative delegation to decide disputes as to purchases. 

Whenever any dispute arises between any department head or officer and 
the county board of commissioners as to any proposed expenditure, the county 
legislative delegation may, upon the matter being brought before it at a duly- 
called meeting, direct what shall be done, and the delegation's written author- 
ity shall be sufficient for the proposed expenditure to be made or refused, 

319 



§ 14-2115 Code of Laws of South Carolina § 14-2122 

subject to the condition that there shall thereby be made no increase in the 
appropriations made by law for the county and subject further to the condi- 
tion that there shall thereby be made no transfer of funds from one depart- 
ment to another department. 
1944 (43) 1304. 

§ 14-2115. Records of purchases furnished supervisor. 

The county board of commissioners and each department head or officer 
in the county shall furnish the county supervisor with a record supporting 
each claim to be approved on each warrant to be signed by the county super- 
visor, showing thereon the purpose and authority of each expenditure made. 
to the end that the supervisor may have records in his possession justifying 
claims and warrants approved and signed by him. 

1944 (43) 1304. 

§14-2116. Purchases by supervisor. 

The supervisor shall purchase all supplies for his office, the bids to be sub- 
mitted in duplicate, one copy to the supervisor's office and the other copy to 
the office of the county board of commissioners. 

1944 (43) 1304. 

§14-2117. Record of such purchases. 

Upon the purchase or exchange of any machinery, trucks, cars or equipment 
the supervisor shall file with the county board of commissioners a complete 
record of such purchase or exchange, giving the date thereof, the purchase 
price and the allowances for changes or trade-ins. 

1944 (43) 1304. 

Article 7. 

Appropriations. 

§ 14-2121. Warrants to show fund on which drawn. 

The county supervisor shall state upon each warrant drawn by him upon 

the county treasurer the item of appropriation in the county supply act on 

account of which it shall have been drawn. The form or claim blank and 

warrant for the use of the supervisor's office shall be prescribed in accordance 

with forms approved by the supervising auditor of the county and used during 

the years 1926 and 1927. 

1942 Code § 4427; 1932 Code § 4427; Civ. C. '22 § 1582; Civ. C. '12 § 1068; 1910 (26) 
736; 1928 (35) 1244. 

§ 14-2122. Supervisor not to exceed quarterly one-fourth of annual appro- 
priations. 
The supervisor of the county shall not expend or contract to expend in any 
one quarter of any fiscal year more than one-fourth of the total amount appro- 
priated for his office. If in the carrying out of the limitation imposed upon 
the supervisor in this section it should develop that any unexpended portion 

320 



§ 14-2123 Counties § 14-2125 

of any item remains for any one quarter of the year, the same may be added 
to the amount authorized to be expended for the same purpose during the 
next ensuing period. The periodic allowance above designated shall not, 
however, be exceeded for any period, and any contract providing for the ex- 
penditure of any sum in excess of the periodic allowances above provided 
shall not be binding upon the county. Any person contracting in any manner 
with the county is charged with the duty of ascertaining whether or not 
the expenditure of any sum contemplated by any contract shall be in excess 
of such periodic allowance. The requirements of this section as to peri- 
odic expenditures may be dispensed with upon the written approval of the 
county board of commissioners. 
1944 (43) 1304: 1949 (46) 449. 

§ 14-2123. Disposition of income not appropriated. 

All income to the county from fines, fees, costs, licenses, commutation road 

tax, register of mesne conveyances' office and from all other sources, not 

otherwise appropriated by law, shall be paid to the county treasurer and be 

applicable to all claims for the payment of which the appropriations for the 

year on account of county expenses shall have been made. 

1942 Code § 4429; 1932 Code § 4429; Civ. C. '22 § 1584; Civ. C. '12 § 1070; 1910 (26) 
737. 

§ 14-2124. Appropriations not to be exceeded. 

All appropriations carried in any act for the county shall in no case what- 
soever be exceeded by any officer, board, commission or official entrusted with 
the disbursement of funds set up to be expended for general county purposes, 
except in such cases of unusual or dire emergency as might justify or make 
necessary additional expenditures to those allotted for the purpose of provid- 
ing for the welfare of the citizens of the county in such emergency. Any ex- 
ceeding of appropriations by any person save in the manner provided in 
§ 14-2125 is hereby declared illegal, invalid and not binding upon the county 
in any way whatsoever. 

1944 (43) 1304. 

Where treasurer's salary unpaid due to this section, holding that a permanent con- 
appropriation of all funds of county. — In a tinuing statute fixing the salary of a public 
proceeding in mandamus by the county officer, as in this case, amounts to an ap- 
treasurer to require the county supervisor propriation. that it is the obvious ministerial 
and the county board of commissioners to duty of the proper officers to pay the salary, 
issue him a salary warrant for the unpaid and that the only defense is that there are 
balance of his salary, the court rejected no funds in the treasury. The defense that 
the interposed defense that all funds in the there are none applicable to this claim is in- 
hands of the county treasurer had been ap- sufficient. Smith v. Ashmore, 184 S. C. 316, 
propriated for certain purposes other than 192 S. E. 565 (1937), construing a former 
the payment of petitioner's claim and that similar provision (1942 Code § 4426). 
to pay said claim would be in violation of 

§ 14-2125. Same; exceptions for emergencies. 

If such emergency or necessity shall arise as apparently to justify the ex- 
ceeding of any appropriation under the annual county appropriation act or 
to give rise to a need for the expenditure of funds for purposes for which 
[2 SC Code]— 21 321 



§ 14-2126 Code of Laws of South Carolina § 14-2128 

no appropriation is specifically made, the officer, board or commission hav- 
ing the right to disburse such appropriation or the agency or committee 
created to provide for the welfare of the citizens of the county in an emergency 
shall first submit to the county board of commissioners a statement of the 
emergency in question, which, if deemed meritorious, shall be transmitted to 
the county legislative delegation by the board, and, if acted upon favorably 
in a regularly called meeting of the county legislative delegation, shall au- 
thorize such officer, board, commission, agency, or committee to take the steps 
necessary to cope with such emergency, subject to such limitations and checks 
as the county legislative delegation in acting upon the need in question may 
have imposed. Such funds as shall be found necessary in the manner afore- 
said to meet any emergency herein designated are hereby appropriated for 
that purpose. 
1944 (43) 1304. 

§ 14-2126. Liability of individuals for exceeding appropriations. 

Should any such individual officer, board or commission act independently 
on his or its own initiative to incur additional expenses not specifically au- 
thorized in the annual appropriation act or in violation of the above procedure 
and should the county treasurer pay any warrant upon an exhausted item as 
appropriated, the county treasurer and such individual officer, board or com- 
mission shall be deemed civilly liable at law to the extent of such excess or 
unauthorized expenditure, and the county attorney, upon the authorization 
of the county legislative delegation, shall take immediate court action in the 
name of the county to collect from the county treasurer and such individual 
officer, board or commission or upon their bond the sum involved in excess of 
the appropriations authorized. 

1944 (43) 1304. 

§ 14-2127. Contractors to ascertain status of appropriations. 

All persons doing business with the officials, boards and commissions hav- 
ing authority to disburse county funds shall inquire of the county board of 
commissioners, in advance of selling any supplies, services, produce, or the like 
to such disbursers of county funds, with the view of ascertaining if such funds 
have been exhausted or exceeded by such disbursers. Any sale, barter, ex- 
change or contract made by any person with any disbursing agent of the 
county when such appropriation for any given item or sub-item has been ex- 
hausted shall not be binding upon the county, except in such cases as the 
county legislative delegation may specifically approve at a meeting called pur- 
suant to § 14-2125. 

1944 (43) 1304. 

§ 14-2128. Reduction of amounts appropriated. 

The county board of commissioners, the county legislative delegation at a 
duly called meeting first concurring, may proportionately reduce the appro- 
priation set forth in any subsequent annual appropriation act for the county, 

322 [2 SC Code J 



§ 14-2129 Counties § 14-2143 

should such reduction be necessary to keep disbursements within receipts 
or anticipated receipts. 
1944 (43) 1304. 

§ 14-2129. Unexpended appropriations. 

If any appropriation set forth in any annual appropriation act for the county 
be not fully expended for the purpose assigned the resulting residue, re- 
mainder or excess above needs shall be placed in the general county funds, 
to be expended, disposed of or appropriated as a majority of the county legis- 
lative delegation and the county board of commissioners may direct at duly 
called meetings thereof. 

1944 (43) 1304. 

§ 14-2130. Use of income from indirect sources. 

The income of the county from all indirect sources whatsoever shall, ex- 
cept when such income may by law be already allocated, pledged or set aside 
for some other purpose or need, be used to supplement and aid the income 
derived from annual taxes on real property, so that the appropriations in any 
annual appropriation act for the county provided may involve as low a millage 
on real estate as possible. 

1944 (43) 1304. 

Article 8. 

Sinking Fund Commissions. 

§14-2141. County commission. 

There shall be a commission for the county to be known as the Sinking 

Fund Commission of Greenville County. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259: 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§14-2142. Membership; terms. 

The sinking fund commission shall be composed of two citizens who are 
residents and qualified electors of the county, who are to be appointed and 
commissioned by the Governor upon the recommendation of a majority of 
the county legislative delegation with the consent of the Senate. The first 
two commissioners having served, one for two years and one for four years, 
their successors have since and shall hereafter be appointed in the same man- 
ner for a term of four years. The treasurer of the county shall be ex officio 
a member of the commission in addition to the two members hereinabove 
mentioned. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2143. Vacancies ; removal from office. 

Vacancies on the commission shall be filled in the same manner as orig- 
inal appointments for the unexpired term. Any of such commissioners may 

323 



§ 14-2144 Code of Laws of South Carolina § 14-2147 

be removed by the Governor for cause upon the request of a majority of the 

county legislative delegation with the consent of the Senate. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2144. Organization. 

Immediately upon their appointment the commissioners shall meet and 
elect one of their number chairman and one secretary. The county treasurer 
as ex officio member of the commission shall be custodian of all the funds 
and securities, subject to such rules and regulations for their safety as may 
be prescribed by the commission, which rules and regulations when promul- 
gated shall be of the same force and effect as law. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2145. Expenses and assistance of members. 

The two appointive members of the commission shall receive in addition to 

a salary all necessary expenses in connection with their work and may employ 

such assistance as the}' may deem necessary. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439; 1951 (47) 506. 

§ 14-2146. Deposit and withdrawal of funds. 

The funds of the commission which may be uninvested shall be deposited 
in such bank in the county as may be designated by the commission in an ac- 
count to be known as "Greenville County Sinking Fund" and shall only be 
withdrawn by checks or warrants duly signed by the treasurer and counter- 
signed by the chairman of the commission. But no bank shall be given a 
deposit from such funds without first securing the same either by a surety 
bond, bonds of the United States or bonds of the State of South Carolina or 
any political subdivision thereof, to the extent of the average daily balance 
or deposit. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2147. Registration and transfer of bonds, etc. 

All bonds or other evidence of indebtedness held by the commission shall 
be registered as to principal in the name of the commission; and the clerk of 
the court of general sessions and common pleas for the county, ex officio, is 
hereby named and constituted the registrar for bonds and other evidence of 
indebtedness to the commission. No transfer of any such obligation so reg- 
istered shall be valid unless such transfer shall be duly registered on the 
register for the same. In order to effect the transfer of any such obligation 
so registered, each and every member of the commission, in person or by at- 
torney or agent duly thereunto authorized in writing, shall present the bond 
or other evidence of indebtedness to the registrar, accompanied by a written 
instrument of transfer on a form approved by the commission and the regis- 
trar, duly executed by the commission. Upon the registration or transfer of 

324 



§ 14-2148 Counties § 14-2151 

any such bond or other evidence of indebtedness, the registrar shall note the 

registration or transfer on the back of such obligation or other suitable place 

for such notation. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 10S9; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2148. Investments. 

The commissioners shall have exclusive authority to invest the sinking funds 
created for the payment at maturity of the bonded indebtedness of the various 
political subdivisions of the county, excepting municipalities, Greenville City 
School District No. 17, Parker School District No. 8-A and Greer School Dis- 
trict No. 9-H. at the best rates of interest obtainable consistent with safety. 
All such funds so invested by the commission shall be invested in bonds of 
the United States or of the State of South Carolina or any political subdi- 
vision thereof. The investments so made shall be at a price that will yield a 
higher rate of interest than that offered by the banks of the county for de- 
posits. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§14-2149. Approval of investments. 

All investments made by the commission shall be approved in writing by 

the chairman of the commission and by either the president, vice-president or 

cashier of the bank appointed as provided by § 14-2152 as fiscal agent. Such 

approval shall be on such forms as the commission may prescribe and shall be 

executed in duplicate, one copy of which shall be filed with the secretary of 

the commission and the other copy filed with the treasurer. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 10S9; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2150. Collections. 

The treasurer shall collect the principal, interest and maturing coupons 
promptly at maturity dates on all investments made by the commission, de- 
posit them to the credit of the sinking fund account and furnish promptly to 
the secretary of the commission an itemized duplicate of the deposit slip 
showing the amount thereof and the sources from which the deposit was 
collected. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§14-2151. Treasurer's records. 

The treasurer shall keep at all times a complete and accurate record of all 
cash on hand and all funds and securities held by the commission, which 
record shall include the amount and maturity dates of all such securities, the 
rate of interest, where payable and when the interest coupons are due, to- 
gether with the name and location of the political subdivision issuing the 
same, and shall furnish a copy thereof to any member of the commission upon 
request. 

325 



§ 14-2152 Code of Laws of South Carolina § 14-2161 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2152. Payment of bonds and interest ; fiscal agent. 

The commission, from the funds handled by it under the terms of this article 
shall provide for the payment of interest on all bonds as they may fall due 
and for the payment of all such bonds as they mature. It shall also appoint 
some bank in the city of Greenville as fiscal agent for a term of three years, for 
the prompt payment of interest coupons as they become due on any of the 
school district bonds, general county bonds or special district bonds. It shall 
also direct the treasurer to deposit from time to time sufficient funds, with 
the bank acting as fiscal agent, to be used for the full and prompt payment 
on their due dates of all coupons on bonded indebtedness and for the pay- 
ment of bonds at maturity. The commission shall determine the rates of 
exchange to be allowed to the fiscal agent and adopt such rules and regulations 
as it may deem advisable to carry out the purpose of this article. All such 
payments made by the fiscal agent from these funds shall be made in accord- 
ance with such rules and regulations as may be promulgated in respect there- 
to by the sinking fund commission. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

§ 14-2153. Other sinking fund commissions. 

Greenville City School District No. 17, Parker School District No. 8-A, Greer 

School District No. 9-H and all districts and bodies politic for which taxes are 

levied in the county or on any county real estate for sinking funds for any 

bonds which have been issued when separate sinking fund commissions have 

been established or exist shall be subject to the provisions of this article 

in the investment of any funds in the control of any of such commissions, and 

such commissions shall be allowed to make no investments except of the same 

kind and character as are provided in this article for the county sinking fund 

commission. 

1942 Code § 4406; 1932 Code § 4406; 1928 (35) 1259; 1931 (37) 1089; 1932 (37) 1423; 
1936 (39) 1439. 

Article 9. 

Other Financial Matters. 

§ 14-2161. Levy of taxes to take care of loss of direct revenue. 

If the county should be deprived of all or any portion of any direct revenue 
now accruing to the county, the county legislative delegation, with the written 
consent of the county board of commissioners, may instruct the auditor of 
the county to levy upon all the taxable propery of the county such additional 
millage as may be necessary to make up the loss in revenue suffered by the 
county as a result of such loss. 

1944 (43) 1304. 

326 



§ 14-2162 Counties § 14-2165 

§ 14-2162. Certain employees to furnish bonds. 

The county board of commissioners shall provide that no employee of the 
board who may handle any moneys or funds of the county or any political 
subdivision thereof shall enter upon the discharge of the duties of his office 
without first securing a bond executed by a surety company regularly li- 
censed to do business in this State in such form and in such amount as, in 
its discretion, may be fixed by the board. The premiums on such bonds shall 
be paid by the county treasurer out of the general funds of the county. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2163. Amounts of bonds of certain officers. 

The amounts of the official bonds of the following named county officers 
of the county shall be in the sums hereinafter indicated, that is to say: cor- 
oner, one thousand dollars; supervisor, ten thousand dollars; register of 
mesne conveyances, ten thousand dollars; superintendent of education, ten 
thousand dollars; judge of probate, ten thousand dollars; and the appointive 
members of the sinking fund commission, five thousand dollars each. 

1942 Code § 4449; 1932 Code § 4449; 1930 (36) 1377. 

§ 14-2164. Salaries in full payment of all claims. 

All salaries set up in each annual appropriation act for the county shall be 
in full for all services rendered, and their acceptance by the persons entitled 
by the law to them shall be deemed an acknowledgment and receipt of full 
payment for services rendered and a release in full by such persons of all 
other claims for compensation against the county. Any county official who 
may hereafter accept his salary or payment under protest shall also immedi- 
ately inform the county legislative delegation and board of commissioners 
of his reason for so doing and his intention in regard to the matter, so that 
the delegation may take appropriate steps. 

1944 (43) 1304. 

§ 14-2165. Fines and license book of auditor. 

The county auditor shall keep a book called "Fines and Licenses" in which 
shall be entered all fines, fees, costs and licenses reported to him as having 
been collected by the clerk of the court and magistrates of the county. To 
this end the clerk of the court and the magistrates in the county, within the 
first ten days of each of the months of January, April, July and October, shall 
present to the county auditor their books showing the collections made by 
them during the preceding quarter on account of fines, fees, costs and licenses, 
from which the auditor shall enter upon his books the several items of col- 
lection. He shall thereupon check up the same with the county treasurer's 
daily receipts books. The county auditor, after the expiration of the ten days 
herein fixed for making such reports, shall mail a notice to any officer failing 
to comply with this section, requiring him within three days thereafter to 
submit his books as herein provided. Upon his failure to do so, such officer 
shall be reported by the county auditor to the grand jury at the next session 
thereafter for such action as the court may deem proper. 

327 



§ 14-2166 Code of Laws of South Carolina § 14-2170 

1942 Code §4433; 1932 Code §4433; Civ. C. '22 § 1S8S; Civ. C. '12 §1074; 1910 (26) 
738. 

§ 14-2166. Loans from State sinking fund. 

The county treasurer shall, on January 1st of every year, pay upon the war- 
rant of the county supervisor the item on account of loans from the State 
sinking fund out of any cash on hand on the preceding December 31, derived 
from any and all sources of county income, whether there be sufficient funds 
on hand at that time applicable to this specific item or not, it being intended 
that this item be preferred to all other items of county expenses so as to make 
January 1st the period of annual settlement with the State Budget and Control 
Board. 

1942 Code § 4430; 1932 Code § 4430; Civ. C. '22 § 1S8S; Civ. C. '12 § 1071; 1910 (26) 
738. 

§ 14-2167. Bond record. 

A record shall be kept of all outstanding bond issues in a book which shall 
be kept in the office of the county treasurer in which shall be entered the name 
of the county or the political subdivision issuing such bonds, the date of the 
issue, the amount thereof, the maturity thereof, the interest rate and any other 
appropriate information pertaining thereto. Such book shall be indexed and a 
blank space shall be provided in connection with the facts set forth concerning 
each bond issue wherein shall be noted by the county treasurer all payments 
made, both of interest coupons and of the bonds. When payments of any 
interest coupons shall be made, the count}' treasurer shall cancel them and 
shall note the fact of the payment or cancellation of such coupons as afore- 
said, and when any bond shall be paid the county treasurer shall likewise can- 
cel it and note the fact of the payment or cancellation as aforesaid. 

1944 (43) 1304. 

§ 14-2168. Entry in record prerequisite to validity of bonds. 

Each officer executing bonds in the name and on behalf of the county and 
each officer executing bonds in the name and on behalf of any political sub- 
division thereof, before making any delivery thereof to the purchaser, shall 
present such bonds to the county treasurer, who shall thereupon enter in such 
book the factual information pertaining thereto as aforesaid. No bond issued 
by the county or any political subdivision thereof after March 14 1944 shall 
constitute a binding obligation unless a record thereof be made as herein re- 
quired. 

1944 (43) 1304. 

§ 14-2169. Blank. 

§14-2170. County bookkeeper. 

The county board of commissioners shall control and care for the central- 
ized budgetary control auditing system of the county. The board shall em- 
ploy a bookkeeper, known as the "Greenville County Bookkeeper," who shall 

328 



§ 14-2171 Counties § 14-2173 

be placed in charge of said control system and who shall be charged with 
the duty of keeping daily records of requisitions approved by the board and 
of receipts and disbursements of the funds of the county. 
1944 (43) 1304. 

§ 14-2171. Officials to transmit copies of accounts to bookkeeper. 

The officers and employees of the county who receive or disburse county 
funds shall make a record of the receipts and disbursements of all such funds 
in duplicate, one copy of which they shall retain as their permanent record and 
the other copy of which they shall transmit daily to the county bookkeeper. 
The record of each day's transactions shall be transmitted to the bookkeeper 
by ten A. M. of the succeeding day, except Saturday's transactions, which 
shall be transmitted by ten A. M. the Monday following. Officers and em- 
ployees who do not have offices in the county courthouse building may trans- 
mit their record by mail and the time of mailing shall be deemed the time of 
the transmittal thereof. The county board of commissioners shall withhold 
the salaries of any officers or employees of the county who shall fail to comply 
with this section. 

1944 (43) 1304. 

§ 14-2172. Auditor to examine books monthly. 

The county auditor, on or before the 10th day of each and every month, shall 
personally examine the several books prescribed for the county supervisor 
and county treasurer, such inspection covering the transactions for the 
preceding month, and shall verify, by actual count of cash and certificates of 
deposit, the cash reported on hand by the county treasurer. If upon such 
inspection he shall find that they are correct and conform with the require- 
ments of §§14-321 to 14-328, 14-408, 14-409, 14-411, 14-419, 14-462, 14-463 
and 14-2165, he shall endorse upon each one so found the word "Approved" 
and sign and date the same. He shall report to the grand jury at its next 
session any delinquencies or failure upon the part of either such officers to 
comply with the requirements of §§ 14-321 to 14-329, 14-408, 14-409, 14-411, 
14-418 to 14-423, 14-456, 14-462, 14-463, 14-2121, 14-2123, 14-2165, 14-2166 and 
14-2177. 

1942 Code § 4431; 1932 Code § 4431; Civ. C. '22 § 1586; Civ. C. '12 § 1072; 1910 (26) 

738. 

§ 14-2173. Monthly reports on finances to legislative delegation. 

The county board of commissioners, as soon after the beginning of each 
month as possible, shall forward to each member of the county legislative 
delegation report sheets of the bills paid and expenses incurred during the 
month immediately preceding, to the end that each member of the delegation 
may be kept fully and constantly aware of the financial condition and expendi- 
tures of the county. 

1944 (43) 1304. 



329 



§ 14-2174 Code of Laws of South Carolina § 14-2177 

§ 14-2174. Quarterly statements for delegation. 

The commissioners shall make and forward to each member of the legis- 
lative delegation of the county quarterly statements showing sums borrowed, 
paid and unpaid, and cash balances on hand. 

1942 Code § 4442; 1937 (40) 596. 

§ 14-2175. Quarterly statements to supervisor. 

The county treasurer shall file with the supervisor, at the end of each quarter 
herein referred to, a statement showing the amount of moneys on hand to the 
credit of the county, and such statement shall further show to what depart- 
ment or branch of the county funds such moneys properly belong. 

1942 Code § 4440; 1932 Code § 4440; Civ. C. '22 § 1595; 1915 (29) 449; 1920 (31) 1001. 

§ 14-2176. Annual audit. 

The county board of commissioners may have made annually the regular 
county audit and charge the expense thereof against the general contingent 
fund of the county. The necessary appropriation to cover the expenses inci- 
dent to such audit shall be made in the annual county supply act. The ac- 
countant or accountants so employed may, at any time during the year for 
which said audit is made, examine the books, papers, vouchers and accounts 
of the various public offices of the county. 

1942 Code § 4448; 1932 (37) 1167; 1944 (43) 1304. 

§ 14-2177. Annual settlement of auditor. 

In the annual settlement with the county treasurer, supervised by the Comp- 
troller General, the county auditor shall make up a full settlement of the re- 
ceipts and disbursements of county taxes and other income for the year 
ending December 31st preceding. Each year beginning January 1st and 
ending December 31st shall be kept separate and distinct at whatever 
time of the year such settlement may be made. 

1942 Code § 4432; 1932 Code § 4432; Civ. C. '22 § 1587; Civ. C. '12 § 1073; 1910 (26) 

738. 



330 



§ 14-2201 Counties § 14-2203 

CHAPTER 38. 
Greenwood County. 

Article 1. Sec. 

General Provisions. 14-2215. Action by board. 

<. 14-2216. Legislative delegation to decide 

when board disagrees. 

14-2201. Supervisor. _ 14-2217. Duties of board. 

14-2202. Secretary to supervisor, et al. 14-2218. Approval of claims. 

14-2203. Engineer. _ 14-2219. Custody and custodian of certain 

14-2204. Salaries of certain officers in lieu funds 

°' ' ees - 14-2220. Purchase and sale of county bonds, 

14-2205. Bonds of county officers. etc 

14-2206. Deposit of funds. 14-2221. Annual report and audit. 

Article 2. Article 3. 

Finance Board. Disposition of Unclaimed Funds. 

14-2211. Establishment of board. 14-2231. Transfer of funds ■ unclaimed for 

14-2212. Clerk; apointment and term. three years. 

14-2213. Duties of clerk. 14-2232. Records of such funds. 

14-2214. Salary of clerk. 14-2233. Use of such funds. 

Article 1. 

General Provisions. 

§ 14-2201. Supervisor. 

The term of office of the county supervisor of Greenwood County shall com- 
mence on July 1st succeeding his election and shall be four years and until his 
successor is elected and qualified. The next election shall be at the general 
election in 1952, and thereafter there shall be an election for such office at every 
alternate general election. 

1942 Code §§ 4451, 4452. 4453: 1932 Code §§ 4451, 4452, 4453: Civ. C. '22 §§ 1604, 1605, 
1606; 1913 (28) 100; 1920 (31) 786; 1929 (36) 82; 1930 (36) 1819; 1931 (37) 789; 1935 

(39) 377. 

Cross reference. — As to membership of electric power commission, see § 24-551 et 
and appointment to the Greenwood County seq. 

§ 14-2202. Secretary to supervisor, et al. 

There shall be a secretary for the county supervisor, finance board and fair 
grounds commission. A majority of the county legislative delegation may ap- 
point such secretary at a salary provided in the county supply act. The secre- 
tary shall keep all records and accounts and perform such other duties as shall 
be imposed upon him as secretary to the supervisor, finance board and fair 
grounds commission. 

1942 Code §4467; 1932 Code §4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 1937 

(40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

§ 14-2203. Engineer. 

The finance board may employ a competent civil engineer whenever in 
its judgment the services of an engineer are deemed necessary. 

1942 Code § 4454; 1932 Code § 4454; Civ. C. '22 § 1607; 1920 (31) 786; 1932 (37) 1343. 

331 



§ 14-2204 Code of Laws of South Carolina . § 14-2206 

§ 14-2204. Salaries of certain officers in lieu of fees. 

The salaries of the treasurer, auditor and sheriff of the county shall be such 
as are provided annually in the county supply act, and such salaries shall be 
in full compensation for all fees or commissions authorized by law for is- 
suing or levying tax executions and commissions and fees on tax col- 
lections. Such commissions and fees shall be turned into the county treasury. 

1942 Code § 4467-3; 1938 (40) 1706. 

§ 14-2205. Bonds of county officers. 

The bonds of the county officials shall be as follows : county treasurer, 

fifty thousand dollars; sheriff, five thousand dollars; judge of probate, five 

thousand dollars; county superintendent of education, five thousand dollars; 

clerk of court, seven thousand dollars; county auditor, five thousand dollars; 

county supervisor, five thousand dollars; clerk of finance board, five thousand 

dollars; and'master, five thousand dollars. The bonds of the county officials 

herein designated shall be for their respective terms of office. The premiums 

on the bonds herein required shall be paid by the county out of ordinary 

county funds. 

1942 Code § 4466; 1932 Code § 4466; 1926 (34) 950; 1929 (36) 267; 1927 (35) 304; 1936 
(39) 1360; 1942 (42) 1658; 1943 (43) 308. 

§14-2206. Deposit of funds. 

Before any officer of Greenwood County, the city of Greenwood, or the com- 
mission of public works of the city of Greenwood, having the custody of public 
funds, shall deposit them in any bank, such bank shall secure such deposit 
by assigning and leaving with the county treasurer, or the treasurer of the 
city of Greenwood, if such funds be of the city of Greenwood or the commis- 
sioners of public works, at their respective market values bonds of the United 
States, of the State, county, or of political subdivisions of the county, Federal 
Housing Administration insured first mortgage bonds on improved real estate 
or preferred stock or other securities approved by the finance board of the 
county or the finance committee of the city council of Greenwood if such funds 
be of the city of Greeinvood or the commissioners of public works, in an amount 
equal to such deposit. Such security shall be held by the county treasurer 
or city treasurer, as the case may be, who shall indemnify out of such secu- 
rity the county or city or such other agency on account of any loss of principal 
or interest incurred on account of any such deposit. But the county treasurer 
or the treasurer of the city of Greenwood may deposit rateably in proportion to 
capital and surplus in any of the banks in the county any funds held by either 
of them in excess of the sum of three hundred thousand dollars without re- 
quiring security from such bank in which such deposits may be made if such 
excess funds over and above three hundred thousand dollars so deposited 
without the requirement of security shall not remain so deposited for a period 
in excess of sixty days. 

1942 Code §2862-3; 1933 (38) 93; 1950 (46) 2464. 

332 



§14-2211 Counties §14-2216 

Article 2. 

Finance Board. 

§14-2211. Establishment of board. 

There shall be a finance board for the county composed of the county treas- 
urer, the county supervisor and the clerk of the finance board. 

1942 Code § 4467: 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 431; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

Cross reference. — As to membership on electric power commission, see § 24-551 et 
and appointment to the Greenwood County scq. 

§ 14-2212. Clerk; appointment and term. 

The clerk of the finance board shall be a member of the finance board and 
shall be appointed by the Governor, upon the recommendation of a majority 
of the members of the count}' legislative delegation. The clerk shall be a citi- 
zen of the county and shall hold office for a term of two years and until his 
successor is appointed and cpialified. 

1942 Code § 4467: 1932 Code § 4467; 1931 C37) 785; 1932 (37) 1343; 1935 (39) 4S1 ; 
1937 (40) 142. 282; 1942 (42) 1658; 1943 (43) 308. 

§14-2213. Duties of clerk. 

The clerk shall, under the direction of the finance board, conserve and pro- 
tect the financial interests of the county, act generally as a member of the 
board and carry out its instructions. The clerk shall also act as clerk of the 
county forfeited land commission, as clerk for the county sinking fund com- 
mission and as secretary of the county highway commission. The clerk shall 
give such time daily as may be necessary to the proper performance of his 
duties. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

§14-2214. Salary of clerk. 

The clerk of the finance board shall receive such salary as shall be deter- 
mined by the county legislative delegation. 

1942 Code § 4467: 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

§14-2215. Action by board. 

The approval of two members of the finance board shall be conclusive on 

anv matters. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282: 1942 (42) 1658; 1943 (43) 308. 

§ 14-2216. Legislative delegation to decide when board disagrees. 

In case of the failure of the finance board to agree upon any matter properly 

before it, the county legislative delegation shall be called in to decide such 

matter and their decision shall be final. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

333 



§ 14-2217 Code of Laws of South Carolina § 14-2221 

§ 14-2217. Duties of board. 

The finance board shall exercise all of the powers and duties formerly ex- 
ercised by the county board of commissioners, shall conserve and protect the 
finances of the county, shall verify and approve all proper claims and reject 
and withhold its approval of any and all improper or unwarranted claims 
against the county, shall keep in close touch with the roads of the county not 
in the state highway system and shall look after the general financial matters 
of the county. 

1942 Code §§ 4453-1, 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 
481; 1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308; 1947 (45) 183. 

§ 14-2218. Approval of claims. 

The approval of the finance board shall be necessary before any claim or 
voucher shall constitute a valid claim against the county; but when so ap- 
proved and countersigned by the supervisor of the county and the clerk of the 
finance board, any such claim or voucher shall constitute a valid obligation 
against the county. In case of the incapacity of the supervisor, the treasurer 
of the county shall sign and countersign all vouchers and checks in place of 
the supervisor, and in case of the incapacity of the treasurer or the clerk of the 
finance board, the clerk to the treasurer shall act in place of such incapacitated 
treasurer or clerk with reference to passing on claims and the signing of 
vouchers and checks. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282: 1942 (42) 1658; 1943 (43) 308; 1947 (45) 183. 

§ 14-2219. Custody and custodian of certain funds. 

The finance board may accept and hold all funds received from grants or 

the sale of revenue-producing bonds and keep such funds separate and apart 

from the general or ordinary funds of the county. And the finance board 

may designate a custodian for such funds, who shall furnish a surety bond 

in a sufficient amount to protect fully the interest of the county and who shall 

hold such funds until legally disbursed by order of a majority of the finance 

board. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

§ 14-2220. Purchase and sale of county bonds, etc. 

The finance board may purchase and cancel any bonds or obligations of the 

county when sufficient funds are available for such purpose and may sell 

any bonds owned and held by the county for the purpose of liquidating and 

retiring its indebtedness. 

1942 Code § 4467; 1932 Code § 4467: 1931 (37) 785; 1932 (37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

§ 14-2221. Annual report and audit. 

The finance board shall make an annual report to the county legislative 
delegation, showing in a statement all moneys received and expended during 

334 



§ 14-2231 



Counties 



§ 14-2233 



the preceding year. Its books and accounts may be audited by such auditor 

as the county legislative delegation or grand jury shall specify. 

1942 Code § 4467; 1932 Code § 4467; 1931 (37) 785; 1932 (.37) 1343; 1935 (39) 481; 
1937 (40) 142, 282; 1942 (42) 1658; 1943 (43) 308. 

Article 3. 
Disposition of Unclaimed Funds. 

§ 14-2231. Transfer of funds unclaimed for three years. 

Any official of the county who may have possession of any funds payable 
to any person which have been unclaimed for a period of three years shall 
transfer such unclaimed funds to the county treasurer and the county treas- 
urer shall deposit such funds in the general funds of the county. 

1950 (46) 2344. 

§ 14-2232. Records of such funds. 

Any official transferring any funds pursuant to § 14-2231 shall keep an ac- 
curate record of all proceedings relative to such funds and the county treasurer 
shall keep an accurate record of the receipt of any such funds. 

1950 (46) 2344. 

§ 14-2233. Use of such funds. 

Any funds so transferred to the county and deposited in its general funds 
may be used in the same manner as any other general funds of the county. 

1950 (46) 2344. 



CHAPTER 39. 
Hampton County. 



Sec. Sec. 

14-2251. Powers and duties of supervisor 14-2259. 

and commissioners. 14-2260. 

14-2252. Compensation of commissioners. 
14-2253. Bond of supervisor. 14-2261. 

14-2254. Clerk and legal advisor. 

14-2254.1. Deposit of public funds. 14-2262. 

14-2254.2. Same; when school claims may 

be given as security. 14-2263. 

14-2254.3. Same; security for deposits in 

banks for not over sixty days. 14-2264. 

14-2254.4. Same; penalties. 
14-2255. Commissioners may employ physi- 14-2265. 

cians. 14-2266. 

14-2256. Monthly estimates and contracts 14-2267. 

to be made. 
14-2257. Commissioners responsible for 14-2268. 

waste. 14-2269. 

14-2258. Statements of expenditures. 



Penalties. 

Monthly statement of commis- 
sioners for grand jury. 

Monthly statements of other coun- 
ty officers. 

Statements to be turned over to 
grand jury. 

Supervisor to publish monthly 
statements; quarterly statements. 

Cost of publishing such state- 
ments. 

Annual audit. 

Investment of sinking funds. 

Commission may purchase and re- 
tire certain bonds. 

Safety deposit box. 

Hours of county officers. 



335 



§ 14-2251 Code of Laws of South Carolina § 14-2254.1 

§ 14-2251. Powers and duties of supervisor and commissioners. 

The supervisor and county commissioners of Hampton County shall have gen- 
eral supervision over all roads, poorhouse farms and the financial affairs of the 
county and shall perform all duties now required of supervisors and county 
commissioners by the general laws of the State. 

1942 Code § 4468; 1932 Code § 4468; Civ. C. '22 § 1619; Civ. C. '12 § 1075; 1908 (25) 
1177; 1909 (26) 190. 

§ 14-2252. Compensation of commissioners. 

The county commissioners shall be paid an annual salary without mileage. 

1942 Code § 4470; 1932 Code § 4470; Civ. C. '22 § 1621; Civ. C. '12 § 1077; 1909 (26) 191; 
1951 (47) 506. 

§ 14-2253. Bond of supervisor. 

The supervisor of the county shall file with the clerk of court a bond in the 

sum of five thousand dollars, for the use of the county, in some good surety 

company, duly executed, or a bond duly executed with two or more sufficient 

sureties, to be approved by the clerk of court. 

1942 Code § 3820; 1932 Code § 3820; Civ. C. '22 § 1060: Civ. C. '12 § 936; Civ. C. '02 
§ 754: R. S. 644; 1893 (21) 482; 1901 (23) 666; 1905 (24) 902; 1908 (25) 1177; 1910 (26) 
686; 1919 (31) 281; 1921 (32) 61, 65; 1931 (32) 151. 

§ 14-2254. Clerk and legal advisor. 

The board of county commissioners may appoint a clerk at a salary not to 

exceed three hundred dollars and a legal advisor for the board at a salary not 

to exceed one hundred dollars. 

1942 Code § 4469; 1932 Code § 4469; Civ. C. '22 § 1620; Civ. C. '12 § 1076; 1909 (26) 
191. 

§ 14-2254.1. Deposit of public funds. 

The public funds of the county shall be deposited by the county treasurer or 
other officer having control or custody thereof in such bank or banks as will 
give security for the safety of all such funds so deposited as follows : that is 
to say : 

(1) Banks having no bills payable and no rediscounts shall be required to 
secure all deposits of the county with Federal Land Bank bonds, Liberty 
bonds, First Carolinas Joint Stock Land Bank bonds or county bonds or notes 
equal to twenty-five per cent of the amount of such deposit ; 

(2) Banks having bills payable or rediscounts shall be required to secure 
all deposits of the county with either Liberty bonds, Federal Land Bank bonds, 
First Carolinas Joint Stock Land Bank bonds or county bonds or notes equal 
to fifty per cent of the amount of such deposit ; and 

(3) Banks having bills payable and rediscounts equal to or more than their 
capital stock shall be required to secure all deposits of the county with Lib- 
erty bonds, Federal Land Bank bonds, First Carolinas Joint Stock Land Bank- 
bonds or county notes or bonds equal to the amount of the entire deposits of 
the county. 

336 



§ 14-2254.2 Counties § 14-2256 

Federal Land Bank bonds and bonds of the First Carolinas Joint Stock 
Land Rank shall be taken only at the market value thereof. 
1942 Code §2863-1; 1932 (37) 1112. 

§ 14-2254.2. Same ; when school claims may be given as security. 

Any bank in which the county shall make an}- deposits may, if it so desires, 
secure such deposits by placing as security therefor with the officer making 
such deposit school claims of the count}' equal as follows : those banks de- 
scribed in item (1) of § 14-2254.1 school claims equal to fifty per cent of the 
amount of such deposit : banks described in item (2) of said section school 
claims equal to seventy-five per cent of the amount of such deposits ; and 
banks described in item (3) of said section school claims equal to the amount 
of tbe entire deposits of the county. 

1942 Code §2863-1; 1932 (37) 1112. 

§ 14-2254.3. Same ; security for deposits in banks for not over sixty days. 

When any officer of the county shall make a deposit in any bank which shall 
not remain longer than thirty or sixty days the county treasurer, county audi- 
tor and county legislative delegation may take as security for such deposits 
collateral other than that mentioned in §§ 14-2254.1 and 14-2254.2 if such se- 
curity be approved by the treasurer, auditor and county legislative delegation. 

1942 Code §2863-1; 1932 (37) 1112. 

§14-2254.4. Same; penalties. 

Any officer of the county who shall violate the provisions of §§ 14-2254.1 to 
14-2254.3 shall be guilty of a misdemeanor and upon conviction therefor shall 
be imprisoned for a period of not less than two years. 

1942 Code §2863-1; 1932 (37) 1112. 

§ 14-2255. Commissioners may employ physicians. 

The county commissioners may employ such physicians as they may deem 

proper to do the medical practice for the inmates of the poorhouse. the jail 

and the convicts on the chain gang of the county and shall use their discretion 

in paying for the same ; provided, that the amount paid for such purpose shall 

not exceed the sum of two hundred and fifty dollars for all medical services and 

medicine. 

1942 Code § 4471; 1932 Code § 4471; Civ. C. '22 § 1622; Civ. C. '12 § 1078; 1908 (25) 
1206. 

§ 14-2256. Monthly estimates and contracts to be made. 

The county commissioners shall make an estimate at the beginning of each 
month of the amount needed for feeding and clothing the convicts in their cus- 
tody, together with all necessaries for the chain gang and for the poorhouse 
and the poor, for the ensuing month and shall give the same out by contract 
to the lowest bidder, as nearly as may be possible. 

1942 Code § 4473; 1932 Code § 4473; Civ. C. '22 § 1624; Civ. C. 12 § 1080; 1908 (25) 
1206. 

[2 SC Code]— 22 337 



§ 14-2257 Code of Laws of South Carolina § 14-2261 

§ 14-2257. Commissioners responsible for waste. 

The county commissioners shall be held responsible for any extravagance 

or waste and for the prices paid for any article in excess of the lowest price. 

1942 Code § 4475; 1932 Code § 4475; Civ. C. '22 § 1626; Civ. C. '12 § 1082; 1908 (25) 
1207. 

§ 14-2258. Statements of expenditures. 

The county commissioners shall at the end of each month file with the 
clerk of the court of the county an itemized sworn statement in writing of all 
expenditures for the chain gang and for the poorhouse farm and the poor, 
showing every item and its cost and from whom purchased. Such statement 
shall at all times be open for the inspection of the public. 

1942 Code § 4474; 1932 Code § 4474; Civ. C. '22 § 1625; Civ. C. '12 § 1081; 1908 (25) 1207. 

§ 14-2259. Penalties. 

Any county commissioner or other officer of the county who shall violate 
the provisions of §§ 14-2251, 14-2252, 14-2254 and 14-2255 to 14-2258 shall 
be guilty of a misdemeanor, shall be removed from his office by the Governor 
and, upon trial and conviction, shall be punished by a fine of not less than two 
hundred dollars or by imprisonment for not less than three months. 

1942 Code § 4476-1; 1932 Code § 1587; Cr. C. '22 § 542; Cr. C. '12 § 595; 1908 (25) 1207. 

§ 14-2260. Monthly statement of commissioners for grand jury. 

The county board of commissioners shall have prepared and completed by 
the second Monday of each and every month, so that the same shall be in 
completed form on that date, a verified itemized statement showing all moneys 
received by the board, stating how and from what source such moneys came, 
and also showing each and every itemized bill against the county which shall 
have been approved and paid by the board, setting forth in detail full partic- 
ulars as to each and every item ordered paid. Such statement shall be totaled 
and arranged, showing what balance, if any, remains to the credit of the 
office in detail, or what deficit, if any, there is. The statements shall be filed 
with the grand jury at each term of the circuit, who shall investigate the same, 
with the aid of an expert accountant, when in their judgment such aid is nec- 
essary, and report any and all irregularities to the court. 

1942 Code §4479; 1932 Code §4479; Civ. C. '22 § 1630; Civ. C. '12 §948; 1909 (26) 141. 

§ 14-2261. Monthly statements of other county officers. 

In the same manner and at the same time the treasurer, clerk of court, 
superintendent of education, sheriff and probate judge of the county shall 
likewise prepare verified itemized statements showing the receipts and ex- 
penditures of funds of the county in their respective offices (excluding, how- 
ever, fees of such officers coming to them individually), and file the same with 
the county board of commissioners, taking a receipt therefor, to be filed with 
the grand jury at each term of the circuit court. The grand jury shall exam- 
ine the same as provided in § 14-2260. 

1942 Code §4480; 1932 Code §4480; Civ. C. '22 §1631; Civ. C. '12 §949; 1909 (26) 141. 

338 [2SCCodeJ 



§ 14-2262 Counties § 14-2267 

§ 14-2262. Statements to be turned over to grand jury. 

All the statements filed with the county board of commissioners pursuant 
to § 14-2261 shall immediately thereafter be filed by the board with the grand 
jury of the county for their information and investigation, to be returned by 
the grand jury with the statement filed by the county board pursuant to § 14- 
2260 to the clerk of the court immediately after their investigation and to be 
by him filed in his office. 

1942 Code § 4481; 1932 Code § 4481;. Civ. C. '22 § 1632; Civ. C. '12 § 950; 1909 (26) 141. 

§ 14-2263. Supervisor to publish monthly statements; quarterly statements. 

The county supervisor shall publish by the fifteenth day of each month in 
a newspaper published in the county a statement setting forth all claims paid 
or approved for payment by him for the preceding month. Once every three 
months the supervisor shall append to the regular monthly statement for 
publication a detailed statement setting forth the total indebtedness of the 
county. 

1942 Code § 4477; 1932 Code § 4477; Civ. C. '22 § 1628; 1920 (31) 866. 

§ 14-2264. Cost of publishing such statements. 

The cost of the publication of the monthly reports of the supervisor shall 
not exceed the sum of one hundred dollars per annum. 

1942 Code § 4478; 1932 Code § 4478; Civ. C. '22 § 1629; 1920 (31) 866. 

§ 14-2265. Annual audit. 

The county legislative delegation may require the auditing of the books 
of the various county officers once each year and the delegation may also 
employ such expert accountants as the delegation may desire for such pur- 
poses and publish the report in a newspaper published in the county. Ex- 
penses incurred by such audit and the employment of such auditor or expert 
accountant and publication of such report shall be paid by the county treasurer 
on a warrant signed by the members of the county legislative delegation. 

1942 Code § 4482; 1932 Code § 4482; Civ. C. *22 § 1633; 1920 (31) 778. 

§ 14-2266. Investment of sinking funds. 

The sinking fund commission for the county may invest funds in its hands 
in United States bonds, South Carolina state bonds and Hampton County 
bonds or Hampton County notes secured by the tax levy, or taxes due ; pro- 
vided such tax levy or taxes due, pledged as security, shall be at least twenty 
per cent in excess of the amount borrowed. 

1942 Code § 4489-1; 1933 (38) 199. 

§ 14-2267. Commission may purchase and retire certain bonds. 

The treasurer and auditor of the county constituting the sinking fund com- 
mission of the county may purchase at any time any bonds outstanding against 
the county or any subdivision thereof if they have in hand funds to the credit 

339 



§ 14-2268 



Code of Laws of South Carolina 



§ 14-2269 



of ordinary county funds or school funds which may be used for any such pur- 
pose. 

1942 Code 5 4489-1; 1937 (40) 561. 

§ 14-2268. Safety deposit box. 

The county treasurer may rent a suitable lock-box in such bank as he may 
select, in which to deposit valuable papers of the county in his possession 
and control. 

1942 Code § 4489-1: 1937 (40) 561. 

§ 14-2269. Hours of county officers. 

All county officers for Hampton County may close their respective offices 
at twelve o'clock noon on each Saturday throughout the year and may close 
their said respective offices at twelve o'clock noon on each Thursday and keep 
them closed for the remainder of the day, during the months of June, July 
and August. 

1942 Code §4489-3; 1938 (40) 1897. 



Article 1. 
General Provisions. 



CHAPTER 40. 
Horry County. 

Sec. 

14-2334. 



Sec. 

14-2301. 
14-2302. 

14-2303. 
14-2304. 



Execution of county obligations. 
Storage of material or erection of 

building on courthouse square. 
Bonds of officers. 
Deposit of public funds. 

Article 2. 
County Board of Commissioners. 

14-2311. Appointment and term of commis- 
sioners. 

14-2312. Zones for which commissioners 
appointed. 

14-2313. Removal of commissioners. 

14-2314. Chairman: appointment; term; 
bond. 

14-2315. Compensation of chairman and 
members. 

14-2316. Clerk. 

14-2317. Duties and powers of board. 

14-2318. Duties of chairman; employees. 

14-2319. Meetings with legislative delega- 
tion. 

Article 3. 

Purchases and Purchasing Agent. 

14-2331. County purchasing agent. 
14-2332. Purchases. 

14-2333. Same; exception for small emer- 
gency purchases. 



14-2335. 
14-2336. 
14-2337. 



Agent's approval prerequisite to 
payment or submission of vouch- 
ers. 

*\gent to visit departments, etc. 

Departmental accounts. 

Penalties. 



Article 4. 
Salaries for Officers in Lieu of Fees. 

14-2341. Salaries to be as fixed by annual 

supply act. 
14-2342. Fees to be collected and paid to 

treasurer. 
14-2343. Clerical help. 
14-2344. Record of instruments acted on 

and fees received. 
14-2345. Penalties. 

Article 5. 
Socastee Yacht Basin. 

14-2351. County commissioners to control 
yacht basin. 

14-2352. Fees for use of basin. 

14-2353. Liquidated damages for unauthor- 
ized commercial use. 

14-2354. Lien for and recovery of such 
damages. 

14-2355. Waiver of fees against intermittent 
noncommercial use. 

14-2356. Use of receipts. 



340 



§ 14-2301 Counties § 14-2311 

Article 1. 
General Provisions. 

§ 14-2301. Execution of county obligations. 

The chairman of the county board of commissioners of Horry County, to- 
gether with the county treasurer, shall execute all notes or other obligations of 
the county, after the same have been adopted by a resolution of the county 
board of commissioners or a majority thereof, such obligations to be attested 
by the clerk of the board and approved by the county attorney. 

1942 Code § 4492; 1936 (39) 1609. 

§ 14-2302. Storage of material or erection of building on courthouse square. 

It shall be unlawful for the county board of commissioners or any other 
person to place or store lumber or other road building material on the count)' 
courthouse square, located in Coincay. It shall also be unlawful for the board 
or any other person to erect any building on said courthouse square. Any 
person violating the provisions of this section shall be guilty of a misde- 
meanor and upon conviction thereof shall be subject to a fine of one hundred 
dollars or imprisonment for thirty days. 

1942 Code § 4496; 1940 (41) 1708. 

§ 14-2303. Bonds of officers. 

The bonds required of all officers in Horry County shall be as otherwise 
provided for by law, except that the sheriff's shall be twenty thousand dollars ; 
the superintendent's of education, five thousand dollars ; the county treasurer's, 
fifty thousand dollars ; and the master's, five thousand dollars. Such bonds 
shall be approved as other bonds are now approved. 

1942 Code § 4502; 1932 Code § 4502; 1929 (36) 227. 

§ 14-2304. Deposit of public funds. 

All public funds of the county shall be deposited by the custodian of each 
such public fund in one or more banks or banking institutions within the 
county; provided, that any bank receiving any such fund for deposit shall 
execute a bond, either personal or indemnity, or pledge sufficient collateral 
as security conditioned to pay the county any sum together with interest, 
loss or damage, that may be suffered by the county by reason of the failure 
of such bank or the refusal of such bank, to keep such fund safely and repay 
it with any accrued interest. Such security either in a personal or indemnity 
bond or collateral shall be approved by the governing body and the county 
attorney of the county. 

1942 Code §2S64-5; 1932 Code §2817; 1925 (34) 142. 

Article 2. 

County Board of Commissioners. 

§ 14-2311. Appointment and term of commissioners. 

The county board of commissioners shall be composed of a chairman and 

341 



§ 14-2312 Code of Laws of South Carolina § 14-2316 

six additional members. The six additional members of the board shall be 

appointed by the Governor upon the recommendation of the county legislative 

delegation. The term of office of the next commissioners appointed shall begin 

on July 1 1953 or as soon thereafter as they shall qualify, and they shall serve 

for a term of two years and until their respective successors are appointed 

and qualified. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2312. Zones for which commissioners appointed. 

The county shall be divided into six zones and one commissioner shall re- 
side in and represent each zone. The zones shall be as follows: zone one, 
composed of Conway township ; zone two, composed of Bucks and Dog Bluff 
townships ; zone three, composed of Gallivant 1 s Ferry and Bayboro townships : 
zone four, composed of Floyds and Green Sea townships ; zone five, composed 
of Simpson Creek and Little River townships ; and zone six, composed of Dog- 
wood Neck and Socastee townships. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2313. Removal of commissioners. 

The commissioners, or any one or more of them, may be removed from office 
by the Governor upon the written request of the county legislative delegation 
or a majority thereof. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 

(44) 56. 

§ 14-2314. Chairman; appointment; term; bond. 

The chairman of the county board of commissioners shall come from the 
county at large and shall be appointed by the Governor in like manner as 
provided for the appointment of members of the board. The term of office 
of the chairman next appointed shall begin July 1 1953 and shall be for a 
term of four years and until his successor shall have been appointed and qual- 
ified. The chairman shall enter into a bond with some surety company au- 
thorized to do business in the State in the sum of five thousand dollars for the 
faithful discharge of his duties. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2315. Compensation of chairman and members. 

The compensation of the chairman and members of the county board of 

commissioners shall be as annually fixed in the annual county supply act. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2316. Clerk. 

At the first meeting of each newly appointed board it shall elect a clerk, sub- 
ject to the approval of the Senator and a majority of the county legislative 

342 



§ 14-2317 Counties § 14-2331 

delegation, who shall be designated as clerk of the county board of commis- 
sioners. He shall hold office at the will and pleasure of the board, but shall 
not be discharged without the written approval of the Senator and a majority 
of the county legislative delegation. He shall receive such annual salary as 
the board may fix, payable monthly upon the warrants of the board ; provided 
that the salary so fixed shall not exceed the appropriation made for such salary. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 194S 
(44) 56. 

§ 14-2317. Duties and powers of board. 

The board shall have all the powers and duties imposed by law prior to 

May 28 1936 upon the county road commissioner, the county supervisor and 

the county board of commissioners. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2318. Duties of chairman; employees. 

The chairman of the board shall have direct charge of the construction 
and repair of all roads and bridges in the county and shall devote his entire 
time to this work. He shall have charge of the chain gang, all road machinery 
and all hired help who are engaged in any of the above-mentioned work, sub- 
ject to the general direction and authority of the board. He may employ and 
discharge any employees that work for the county in the construction, repair 
and maintenance of all roads and bridges in the county. All other employees 
of the county employed by the board shall be employed or discharged only 
with the written consent of the Senator and a majority of the county legisla- 
tive delegation. The board shall fix the compensation for such employees. 
The chairman shall appoint all road overseers and provide suitable receipt 
books, in duplicate, for the collection of the commutation road tax of the 
county. At each regular meeting of the board the chairman shall make a re- 
port showing all moneys collected and work done during the previous month 
and the condition of the roads and bridges of the county. 

1942 Code § 4491; 1936 (39) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

§ 14-2319. Meetings with legislative delegation. 

The board shall meet with the county legislative delegation, including the 
Senator, once every quarter. 

1942 Code § 4491; 1936 (29) 1609; 1937 (40) 412; 1943 (43) 129; 1944 (43) 2322; 1945 
(44) 56. 

Article 3. 

Purchases and Purchasing Agent. 

§ 14-2331. County purchasing agent. 

There shall be a purchasing agent for the county who shall be elected by a 
majority of the county legislative delegation, the Senator included, for a term 
of two years, who shall hold office for a term of two years and until his suc- 

343 



§ 14-2332 Code of Laws of South Carolina § 14-2334 

cessor is appointed and qualified, the term of the present incumbent expiring 
July 1 1953. A majority of the county legislative delegation, including the 
Senator, may remove the purchasing agent for cause shown at any time dur- 
ing his tenure of office. Upon his election and before assuming the duties 
he shall file bond in the sum of ten thousand dollars for the faithful perform- 
ance of his duties. His compensation shall be the sum provided for this office 
in the county supply act. 

1942 Code § 4499; 1932 Code § 4499; Civ. C. '22 § 1643; 1916 (29) 748; 1947 (45) 208; 
1949 (46) 390. 

§ 14-2332. Purchases. 

The purchasing agent shall purchase all supplies whatever to be used by 
the county or any officer or any department thereof, save and except school 
supplies, which are paid for from the public funds of the county. All pur- 
chases made by the agent in amounts in excess of five hundred dollars shall 
bear the approval of the county board of commissioners and, wherever prac- 
ticable, shall be purchased upon lowest bid, or when not purchased on lowest 
bid then at the lowest price obtainable. Any office or department of the 
county requiring supplies shall first file a written requisition with the agent, 
giving in detail a sufficient description of the articles needed, together with 
such other information as the purchasing agent may require. Upon approval 
of the requisition by the purchasing agent, the requisition shall, if the cost of 
the item or items is in excess of five hundred dollars, be brought to the atten- 
tion of the county board of commissioners, who shall consider it and furnish 
approval for said purchase. No payment for any supplies shall be made from 
county funds unless the purchase thereof shall have been made as herein pro- 
vided. 

1942 Code § 4499; 1932 Code § 4499; Civ. C. *22 § 1643; 1916 (29) 748; 1947 (45) 208; 
1949 (46) 390. 

§ 14-2333. Same; exception for small emergency purchases. 

Notwithstanding the provisions of § 14-2332, the captain or foreman of any 
road machine or truck crew may purchase emergency parts or make emergency 
repairs on any motor vehicle under his care or control, such purchases or re- 
pairs not to exceed the sum of twenty dollars and he shall require that an 
itemized bill be furnished him for such parts or repairs and shall sign and ap- 
prove such bill, authorizing its payment. 

1949 (46) 390. 

§ 14-2334. Agent's approval prerequisite to payment or submission of vouchers. 

The county treasurer shall not honor any voucher for the payment of any 
supplies which shall not have first been approved for payment by the county 
purchasing agent. No officer, employee or department shall submit to the 
county treasurer any voucher for payment by the treasurer for supplies which 
shall not have first been approved for payment by the purchasing agent. 

1949 (46) 390. 

344 



§ 14-2335 Counties § 14-2343 

§ 14-2335. Agent to visit departments, etc. 

The purchasing agent shall, at reasonable intervals, visit the county chain 
gang and other institutions and departments, personally checking the needs 
and requirements of such officers or departments and keeping himself informed 
of the needs and uses for all purchases. 

1942 Code § 4499; 1932 Code § 4499; Civ. C. '22 § 1643; 1916 (29) 748; 1947 (45) 20S. 

§ 14-2336. Departmental accounts. 

An account shall be opened with every officer or department and an itemized 
account kept of the purchases therefor. At the close of each quarter a state- 
ment of the same shall be compiled and furnished each member of the county 
board of commissioners and of the county legislative delegation. 

1942 Code § 4499; 1932 Code § 4499; Civ. C. '22 § 1643; 1916 (29) 748; 1947 (45) 20S. 

§ 14-2337. Penalties. 

Any violation on the part of any officer, employee or agent of the county 
of the provisions of this article shall constitute a misdemeanor and upon con- 
viction such officer, employee or agent shall be subject to a fine or imprison- 
ment in the discretion of the court. 

1949 (46) 390. 

Article 4. 
Salaries for Officers in Lieu of Fees. 

§ 14-2341. Salaries to be as fixed by annual supply act. 

The annual salary of each of the county officers shall be as fixed in the 
annual county supply act. 

1942 Code § 4494; 1936 (39) 1348; 1939 (41) 414. 

§ 14-2342. Fees to be collected and paid to treasurer. 

All fees now prescribed or hereafter prescribed by law to be paid to such 
officers shall be paid by them to the county treasurer and placed by him in the 
general county fund. All such fees so collected by any and all officials of the 
county shall be paid to the treasurer on or by the tenth of each month fol- 
lowing such collection. But the fees in civil matters of the magistrates and 
the fees in civil matters of the master in equity are exempt from the provisions 
of this section. 

1942 Code § 4494; 1936 (39) 134S; 1939 (41) 414. 

§ 14-2343. Clerical help. 

In addition to the salaries provided for in § 14-2341 the county delegation 
shall, from year to year, provide for such clerical help and other assistance 
as to it may seem right and proper for the conduct of the business of the 
county in the several public offices, such provisions to be contained in the 
annual supply act ; provided, however, that the public officials of the county 
mentioned in § 14-2341 shall not, in any manner, profit by the moneys paid 
for clerical help or other assistance, which amounts shall be paid only on 

345 



§ 14-2344 Code of Laws of South Carolina § 14-2353 

vouchers properly drawn which shall be sworn to by the claimants and passed 
upon by the county commissioners as other claims against the county. 
1942 Code § 4494; 1936 (39) 1348; 1939 (41) 414. 

§ 14-2344. Record of instruments acted on and fees received. 

Each public officer of the county shall keep a complete record of every in- 
strument filed, recorded or acted upon and the amount of fees paid therefor. 
Such record shall be open to inspection by any citizen of the county at any 
time. 

1942 Code § 4494; 1936 (39) 1348; 1939 (41) 414. 

§ 14-2345. Penalties. 

Any officer violating any of the terms, conditions or provisions of this arti- 
cle shall be guilty of a misdemeanor and upon conviction shall be subject to a 
fine of not more than five hundred dollars or imprisonment for not more than 
twelve months, either or both, in the discretion of the court, and shall be im- 
mediately removed from office by the Governor. 

1942 Code § 4494; 1936 (39) 1348; 1939 (41) 414. 

Article 5. 
Socastee Yacht Basin. 

§ 14-2351. County commissioners to control yacht basin. 

The Socastee Yacht Basin is hereby placed under the exclusive control of 
the county board of commissioners for the maintenance, operation, control and 
custody of said yacht basin and of all lands and properties owned by the 
county adjacent to said basin, and the board shall prosecute any civil or 
criminal action which may arise by reason of violation of the terms of this 
article. 

1942 Code § 4495; 1938 (40) 1898. 

§ 14-2352. Fees for use of basin. 

The commission shall fix from time to time schedules of fees to be paid by 
any person desiring to make use of the basin, except that no fees shall be 
charged to citizens of the county for renting fishing boats at a point in the 
basin to be designated by the commission. 

1942 Code § 4495; 1938 (40) 1898. 

§ 14-2353. Liquidated damages for unauthorized commercial use. 

Any person who shall make any commercial use of the basin without first 
paying such license fee as may be fixed by the commission, either by landing 
barges, loading lumber, timber or other commercial products from the wharves 
or by storing such products upon the lands adjacent to the basin belonging 
to the county, shall be liable to the county for the sum of one hundred dollars 
as liquidated damages for such use. 

1942 Code § 4495; 1938 (40) 1898. 

346 



§ 14-2354 



Counties 



§ 14-2356 



§ 14-2354. Lien for and recovery of such damages. 

The commission shall have a lien prior to all other liens over and against 
any craft which may be landed in the basin for such loading purposes and 
against any and all lumber, timber or other commercial products either stored 
upon such adjacent lands or loaded upon such barge or boat. Such lien may 
be enforced by an attachment action by the commission in the manner pro- 
vided by law for general attachment, except that the commission shall not be 
required to furnish any bond in order to maintain such action. But the de- 
fendant in any cause shall have the right to replevy such property by furnish- 
ing the usual defendant's bond, as provided by the general law relating to at- 
tachment actions in this State. 

1942 Code § 4495; 1938 (40) 1898. 

§ 14-2355. Waiver of fees against intermittent noncommercial use. 

The commission may waive license fees against pleasure craft or citizens of 
the county, when they make use of the basin only intermittently and not for 
commercial purposes. 

1942 Code § 4495; 1938 (40) 1898. 

§ 14-2356. Use of receipts. 

The commission shall from time to time expend the license fees or other fees 
obtained for concessions granted in the payment of any expenses which may 
become necessary in the development of the basin or of enforcing the provisions 
of this article or in the building of docks, wharves or other equipment in con- 
nection with the development and improvement of the basin. 

1942 Code § 4495; 1938 (40) 1898. 



CHAPTER 41. 
Jasper County.* 



Article 1. 
General Provisions. 
Sec. 

14-2401. County board of commissioners. 

14-2402. Term of office of supervisor. 

14-2403. Expenditures prior to enactment 
of supply act in each year. 

14-2404. Purchase of supplies. 

14-2405. Supervisor to publish quarterly 
statement. 

14-2406. Noncompliance a misdemeanor; 
penalty. 

14-2407. Supervisor's statement of pur- 
chases for chain gang. 

14-240S. When legislative delegation may 
employ counsel. 

14-2409. Hours offices may close. 



Article 2. 
Sinking Fund Commission. 
Sec. 

14-2421. Creation; members. 

14-2422. Bond and compensation of mem- 
bers. 

14-2423. Treasurer to turn bond funds over 
to commission. 

14-2424. Investment of funds. 

14-2425. Disposition of securities; redemp- 
tion of bonds. 

14-2426. Deposit of funds not invested. 

14-2427. Payment of interest due by coun- 
ty. 

14-2428. Execution of checks. 



* As to retirement of certain officers of Jasper County, see § 61-601. 

347 



§ 14-2401 Code of Laws